REPORT 


OF THE 


Mining Investigation Commission 

OF THE STATE OF ILLINOIS 


HON. CHARLES S. DENEEN 


Governor of Illinois 
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AND 


Members of the Forty-seventh General 

Assembly 

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MARCH, 1911. 



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Springfield, March 14, 1911. 

To tJie Hon. Chas. S. Deneen, Governor of Illinois, and the Members 
of the General Assembly: 

Sirs, — In accordance with the provisions of the statute creating it, 
' the Mining Investigation Commission of the State of Illinois begs leave 
to transmit herewith the following bills for acts revising the laws of 
the State of Illinois relating to coal mining: 

First. A bill revising the general mining law “ in relation to 
coal mines and subjects relating thereto and providing for the 
health and safety of persons employed therein,” originally enacted 
in 1899 and since amended in various of its terms. This bill also 
has incorporated in it subject-matter heretofore embraced in sev¬ 
eral separate acts, which with the general mining law above 
referred to, are now repealed, their place to be taken by the bill, 
herewith submitted. The separate acts so repealed are the Act 
of 1895 with relation to illuminating, oils in coal mines, the Act 
of 1903 as amended in 1907 relating to the use of powder in coal 
mines, and the Act of 1887 relating to the weighing of coal at 
mines. These subjects are all fully treated in the bill which is 
now submitted for enactment. . 

Second. A bill for an Act regulating the character of black 
blasting powder sold or shipped for use in coal mines. 

Third. A bill amending the present law with relation to gas 
and oil wells with reference to their relation to coal mines and 
coal veins. 

Fourth. A bill amending the Act of 1910 providing for fire¬ 
fighting equipment, etc., in coal mines. 

Fifth. A bill amending the Act of 1909 providing for the 
Mining Investigation Commission of the State of Illinois. 

Except as repealed and amended by the bills herewith submitted, 
it is the purpose and intention of the Commission that the various Acts 
relating to coal mining now in existence shall remain in force. 



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As a digest of the changes comprised in the general Act referred to 
in the first ]:)aragraph alcove, the following comments are submitted: 

The powers and duties of the State ^Mining Board have been 
readjusted to comprise: 

The control of the State Mine Inspectors and Deputy Inspec¬ 
tors hereafter referred to, 

The ])reparation of the annual statistical report relating to 
coal mining, 

The establishment of a standard for illuminating oils to be 
used in coal mines and the enforcement thereof. 

Certain duties with regard to the testing of black blasting 
powder under the special powder Act referred to in second para¬ 
graph above. 

And special powers with reference to certain other minor 
details and the enforcement of the law. 

While the expenses of the State IMining Board under the proposed 
law will be somewhat greater than under present laws, it is also a fact 
that the expenses of other bureaus or departments will be decreased 
by reason of duties shifted therefrom to the State Mining Board. 

With reference to the inspection of mines, the following imj)ortant 
changes have been made: 

The number of State Mine Inspectors has been increased from 
ten to twelve, this addition being made urgently necessary by 
reason of the growth of the industry; 

An extension of the qualifications of the State iNIine Inspectors 
is required with reference to mine rescue methods and appliances 
and first aid to injured; 

They are also required to pass periodical examinations before 
the State Mining Board. 

Their direct responsibility in case of gaseous mines is extended 
in that* they are given power to require that a mine shall be 
worked with the use of safety lamps only. 

Their powers with respect to certain other details have been 
made more clear and specific. 

They have been given greater general power to enforce the 
law to the extent of stopping the operation of a mine if necessary, 
or the removal of individual law breakers from aonine. 

An important change and one which the Commission has 
agreed should be made, for the purpose of securing a compact 
organization in the mine inspection service, directed by one 
Board, available for use anywhere in the State and thereby pro- 


4 


viding greater efficiency, is the substitution of Deputy Inspectors 
appointed by the Governor and subject to the control of the State 
Mining Board, in place of the present County Mine Inspectors 
a])pointed by the various county boards at their pleasure. The 
adoption of this method is strongly urged by the Commission. 

The requirements for the inspection of mines have been made fuller 
and more thorough. 

Under the new law every mine in the State must be examined at 
least once in six months, and, if a gaseous mine, it must be examined 
by the State Aline Inspector. The State Alining Board, by reason of 
its control of the Inspectors, may require inspections as much oftener 
as it may deem necessary. 

The requirements as to investigation of ventilation at each inspec¬ 
tion and the powers of the Inspector relating thereto are made broader 
and more explicit. 

Inspectors are required to make formal written reports of their 
inspections to the State Alining Board. 

The Commission recommends that the pay of State Aline Inspectors 
be made $3,000 per annum, and that of Deputy Inspectors $2,100 per 
annum. This is done with a view of making it possible to secure and 
retain a higher standard of ability and service in these positions which 
call for unusual special knowledge, experience and ability. 

The Commission strongly recommends that hereafter there shall be 
incorporated in the proper appropriation bill, ])rovision for an annual 
expense fund of $1,200 for each State Aline Inspector, and $900 for 
each Deputy Inspector. Experience has proven the extreme insuffi¬ 
ciency of the expense allowance formerly made to Inspectors, and the 
consequent serious limitation upon their ability to fully perform their 
duties. This matter has been heretofore referred to in a special com¬ 
munication from the Commission with reference to the deficiency dur¬ 
ing the current year. 

Xew provisions have been made for the protection of men engaged 
in sinking shafts. 

The minimum distance permissible between the escapement shaft 
and main shaft has been increased to five hundred feet, in mines 
opened after the passage of the Act. 

Provision is made for a refuge place at the shaft bottom for men 
coming out at the close of the day’s work, with a view of keeping them 
away from the cars and machinery at the shaft bottom as far as pos¬ 
sible, while waiting to be hoisted out of the mine. 

The erection or reerection of any inflammable structure on the sur- 


face within lOO feet of any hoisting or escapement shaft is forbidden 
after the passage of this Act. 

Additional safeguards have been provided against the storage of 
oils or other inflammable materials or explosives in the vicinity of the 
shafts or mine buildings. 

The new law requires that at least two safety lamps be kept at all 
mines, and as many more as may be required by the State Mine Inspec¬ 
tor. Careful regulations for the care and use of safety lamps also have 
been provided, and the carrying of matches or other means of producing 
fire, or any instrument for opening locked safety lamp is prohibited 
where locked safety lamps are used. 

Details regarding ventilation have been made much more explicit 
and therefore susceptible of more careful and intelligent obedience. 

Fuller control with respect to certain details of ventilation has been 
conferred upon Inspectors, including the power to order men out of 
the mine for failure or refusal of the mine manager to comply promptly 
with the Inspector’s requirements, and in all cases where men are endan¬ 
gered by lack of air. 

More explicit requirements are provided with reference to room 
turning and cross-cuts in connection with entry driving, with a view to 
eliminating or lessening such severe explosions as in the past have fre¬ 
quently taken place in connection with that branch of the work, by 
reason of an excessive number of shots having been fired within too 
limited a space. 

Improvement in car couplings is required, also clearer provision is 
made with relation to signal lights or boards on trips of cars moved by 
machinery, with a view to prevention of accidents from broken trips. 

Greater care is required in keeping traveling ways on haulage roads 
clear of refuse and loose materials. 

With respect to electricity, a greater voltage than 275 volts is pro¬ 
hibited on trolley wires or other exposed wires, and where such wires 
cross traveling ways and at terminal ends, they are required to be pro¬ 
tected against contact by persons or animals. 

The present law for regulating the quality of illuminating oil used 
in coal mines has proved to be ineffective. The Commission has included 
in the general mining Act submitted herewith a requirement for the 
establishment by the State Mining Board of a standard for oil to be 
used for illuminating purposes in coal mines, for the branding of bar¬ 
rels or packages in which said oil is sold for use in coal mines, for the 
sampling by State Mine Inspectors and Deputy Inspectors of illuminat¬ 
ing oil used in coal mines, and the testing of such samples under the 




6 


direction of the State Mining Board; and finally for the punishment 
of any corporation, firm or person violating these provisions. 

The regulations of the character of blasting holes which may be 
drilled or fired have been made clearer and more restrictive. 

By separate Act submitted herewith, the character of black blasting 
powder for use in coal mines is carefully regulated with reference to 
density, permissible moisture content, and uniformity of granulation. 
This has been done after holding meetings with representatives of the 
powder manufacturers and ascertaining that it is practicable for them 
to comply with these recjuirements. 

Kegs or packages containing powder for use in coal mines are 
required to be branded so as to definitely indicate the standard size of 
powder contained therein, and special provision has been made for the 
punishment of failure to brand or false branding. 

The duties of the mine manager are expressed much more, clearly 
and explicitly, and materially enlarged. 

An important change requires that a checking system shall be estab¬ 
lished whereby the men shall not be permitted to enter the mine in the 
morning until the mine manager has ascertained from the mine exam¬ 
iner’s report of his inspection made during the preceding night whether 
there are dangerous conditions in the working places. In cases involv¬ 
ing dangerous conditions, the mine manager is required to advise the 
miner concerned of such fact before permitting him to enter the mine. 

It is also required that the men shall be checked out of the mine at 
the close of the day’s work, to ascertain that no one is unaccounted for, 
by reason of an accident or injury. 

Every mine is required to be examined throughout during the night 
preceding each working day by a mine examiner holding a certificate of 
competency from the State Mining Board, and this mine examiner is 
required to carry with him a safety lamp in all mines. 

Greater care on the part of the mine examiner is required in mark¬ 
ing or barring out working places in which gas or dangerous conditions 
have been discovered by him; and he is also required, upon completing 
his examination of the mine, to take into his possession the entrance 
checks of men in whose places such dangers have been discovered, and 
deliver them to the mine manager. 

The statutory rules regulating conduct of employees under ground 
have been extended and made more explicit. Each miner is required 
to carefully examine his working place for dangers before commencing 
his regular work of loading coal, and prohibited from doing other work 
until the dangerous conditions have been corrected. 

Since 1905 the employment in coal mines of boys under sixteen 


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years of age has been prohibited. We are not aware of any other State 
or country having as high an age limit as this for all boys a1)oiit the 
coal mines, although the employment of boys under sixteen years of 
age is prohibited inside the mines in the anthracite reg’ion of Pennsyl¬ 
vania. The enforcement of this law in Illinois in the past has been 
quite difficult by reason of imperfect provisions in that respect. The 
Commission has added requirements which, it is believed, will mate¬ 
rially increase the certainty of enforcement. 

By separate act herewith submitted, the drilling of oil or gas wells 
nearer than 200 feet to any opening of a mine used for egress or 
ingress, or ventilation, has been prohibited ; it has been made the duty 
of any person having custody or control of any well being drilled for 
gas or oil, and the owner of the land upon which such well is drilled, 
when the drill hole penetrates a coal seam, to file a statement and ma]) 
in the county recorder’s office, giving the location and depth of such 
well. 

By separate bill submitted herewith, the Fire Appliance Act of 1910 
has been amended to eliminate the requirement of alarm gongs in the 
mines, both mine owners and miners having become convinced that 
such gongs are more objectionable as a probable cause of panic than 
beneficial as a means of warning. However, for greater protection in 
this respect, the number of underground telephones required has been 
increased. The Fire Appliance Act also is amended to eliminate the 
requirement for chemical fire extinguishers in mines employing less 
than ten men. This Act also has been amended to bring it in harmony 
with the substitution of Deputy Mine Inspectors in place of county 
mine inspectors. 

As a result of the law recommended by the Mining Investigation 
Commission to the special session of the Legislature in 1910, a mine- 
rescue service has been established in Illinois which places the State 
in the unique position of being the only State to provide such a rescue 
service for its mines, a mark of progress of which the citizens of the 
State have a right to be proud. It is not necessary to refer in detail to 
the work of the Mine Rescue Commission, as a comprehensive report 
has been presented to the Legislature by that Commission. The Mine 
Rescue Commission should be provided with funds ample to carry on 
its work. 

The ^Mining Investigation Commission or its several committees 
have been steadily at work for five months past. A committee of the 
State Mine Inspectors has met steadily with the Commission through¬ 
out the winter. The Joint Powder Commission of the operators’ and 
miners’ State organizations has met and advised with the Commission 


8 


from time to time, and valuable advice and assistance have been received 
from the State Geological Survey. The laws of Illinois now in exist¬ 
ence, with relation to coal mines, have been carefully read, word by 
word. The laws of other States and of Great Britain have been 
anal3'zed in comparison with the laws of Illinois. The requirements for 
the protection of mine employees in Illinois are broader than in anv 
other State or in Great Britain. Nowhere else, except possibly in Con¬ 
tinental Ifurope, is there required such a system of mine examination 
preceding the entrance to the mine by the men in the morning, or the 
system of warning men of dangers, or of checking- them in and out 
of the mine for their safety. 

The regulation of the character of black blasting powder for use 
^ in coal mines, if enacted into law, will be the first step of that nature 
in mining law. 

To the best of our knowledge and belief, no other State or countiw 
has such ])rovisions for fire-fighting appliances and equipment in coal 
mines. 

In connection with the revision of the present coal-mining law, 
numerous questions have arisen that recjuire experimentation and inves¬ 
tigation on the part of the Commission. There are many problems in 
connection with mining and marketing of coal which should be inves¬ 
tigated for the benefit of those working in the mines, for those whose 
money is invested in the mines of the State, and for the conservation 
of the resources'of the State. 

The Powder Commission, representing the joint interests of the 
operators and miners, is being constantly confronted with problems in 
connection with the testing of explosives, requiring apparatus and 
a])pliances for their solution not now available in the State of Illinois. 
The State ranks third as a mineral producer in the United States, and 
it should have within its borders facilities equal at least to those of sur¬ 
rounding States, both for the purpose of instruction and for testing- 
purposes in connection with the actual operation of mines. It has not 
these facilities at the present time. 

During the earlv part of the year 1909, there was established at 
Ih-bana a rescue station oj^erated under the joint auspices of the State 
(Geological Survey, the Technologic branch of the Ignited States Geo¬ 
logical Survev, now the United States Bureau of G\fines and the Col¬ 
lege of Engineering, University of Illinois. 

This cooperative movement has already successfully correlated two 
of the scientific branches of the State with the l^ederal Bureau of 
Mines. This Commission believes that the cooperative work started at 
Urbana should be continued and extended so as to include investigation 


9 


of the many problems of vital importance to the State. Before a 
definite line of investigation is determined upon, a conference of all 
those interested in mining in the State should be held and a compre¬ 
hensive program of action adopted that would best serve the interests 
of all concerned. Many of the problems are of far-reaching interest 
and can not be solved in a short time. 

A bill providing for the continued support of the Department of 
Mining Engineering at the University of Illinois, and for cooperative 
investigations between the Department of Mining Engineering, the 
State Geological Survey and the Federal Bureau of Mines, and pro¬ 
viding for a suitable building and facilities for the joint use of the 
Geological Survey and Department of Mining Engineering, has already 
been presented to the Legislature with the unanimous endorsement of 
this Commission. 

The Commission believes that it would be a great advantage to the 
State to provide facilities so that the problems that will arise so long 
as mining continues may be promptly investigated. 

A large part of the work of the Mine Rescue Commission will be 
educational. Its effectiveness can be increased by the establishment of 
miners’ and mechanics’ institutes. Such institutes will be an important 
factor for the betterment of mining conditions in the State, and a 
means for increasing the safety in mining and conserving the resources 
of the State. 

Such institutes are not experimental. In other States and countries 
they have been thoroughly tested and found practicable and beneficial 
in reducing the accident rate. Mr. P. Moore, of Pennsylvania, in a 
recent report, stated that since institutes were established in his inspec¬ 
tion district, accidents had been decreased fifty per cent. The director 
of the Public Institute for Nova Scotia states that fatalities in coal 
mining in Nova Scotia are less than one-half of what they are in 
British Columbia, where there is no systematized instruction by 
means of institutes, such as have been successfully carried on in Nova 
Scotia. He feels certain that the general diffusion of technical knowl¬ 
edge among mining men by means of such institutes is largely responsi¬ 
ble for the reduction of the accident rate. 

Nova Scotia produces less than six million tons of coal per year, but 
appropriates annually $14,000 for instruction for institute work similar 
to that proposed to be done in Illinois. Illinois requires men aspiring 
to be mine inspectors, mine examiners and miners to submit to an edu¬ 
cational test before permitting them to work. The State should, there¬ 
fore, provide some means for assisting men to prepare themselves for 
State examinations. 


10 


Every year thousands of men come into Illinois from the agricultural 
districts of Southeastern Europe. Though these men have no knowl¬ 
edge of mining and are entirely unacquainted with its dangers, they 
go to work in the mines, and through their lack of knowledge of the 
English language and mining conditions, are not only subject to greater 
danger themselves, but are a constant menace to their fellow workers. 
Some method of assisting these men to understand the dangers of min¬ 
ing is very desirable. 

In England various forms of instruction for men have been carried 
on for years, and in France, Austria and Germany, there are also com¬ 
prehensive systems of instruction for all who work about the mines. 
In all of these countries, the accident rate is much less than it is in the 
United States, and in Illinois. 

A bill providing for the establishment of such institutes was intro- 
<luced upon recommendation of the Commission, was passed by the 
Special Session of the Legislature in 1910, but as it was not included 
in the call for the Special Session, it did not become operative. The 
same bill is now before the General Assembly, with the unanimous 
endorsement of this Commission. 

The Commission ventures also to comment upon the present situa¬ 
tion of the mining industry in Illinois with reference to the material 
welfare of the mine employees, the mine owners and also the conserva¬ 
tion of the coal deposits. 

The number of shipping mines in Illinois is greatly in excess of the 
number required to supply the maximum demand for Illinois coal. This 
has resulted irw the actual annual average running time of all mines 
operating in Illinois for several years past being materially less than 
two hundred days per year. With a more reasonable adjustment of 
mining capacity to the greatest possible maximum demand (which is 
entirely feasible in so far as the commercial or physical considerations 
are concerned) it should be possible for the mines to be operated an 
average of at least two hundred and fifty days per year. The result 
of this condition is that all of the mine employees in Illinois (now about 
seventy thousand) are idle on an average at least sixty days per year 
more than need be if there were a reasonable adjustment of mining 
capacity to the fullest trade requirements. 

Stated in another way, the entire force of mine employees is idle 
one-fourth of the time they should be able to work after making all 
allowance for unavoidable idle time. This has the same effect as 
though one-fourth of them were idle all the time. In other words, 
fifteen thousand men, in effect, are idle throughout the entire year, but 
held in the industry by the attraction of the excessive number of mines 


11 


normally in operation. This is an enormous economic waste. If pro¬ 
ductive capacity were reasonably adjusted to the fullest requirements, 
it would still be possible to spare fifteen thousand men from the indus- 
, try to engage in other occupations where their labor might be needed. 
This is a severe loss to mine employees. Even when piecework or day 
wages are high, annual wages are low. 

It is also a fact that in mines idle a great part of the time a greater 
proportion of the outlay for labor is wasted in non-productive work 
during idleness instead of being applied to productive work in getting 
out coal. It is a further fact also, by reason of the frequency of periods 
of long idleness, that coal which might be mined under steadier work 
is lost by reason of caving roof and other unavoidable conditions aris¬ 
ing out of idleness. 

Other practical problems relating to safety in mining require fur¬ 
ther consideration in the future in the light of further experience and 
experimentation. Such, for instance, as the use of permissible high 
explosives in place of black blasting powder or other ])robable methods 
of bringing down coal. Still other problems will develop from time to 
time extending in the future and making it advisable to continue the 
existence of a IMining Investigation Commission in the place of the one 
whose functions will cease with this present session of the General 
Assembly. Therefore, the Commission has submitted herewith the bill 
referred to in the fifth paragraph above, providing for the appointment 
of a Mining Investigation Commission, which shall have a continuous 
existence until otherwise ordered by the General Assembly. 

The present Commission was allowed an appropriation of $25,000 
for expenses. It has the honor to report that only about $10,000 will 
have been expended up to the close of this session of the General 
Assembly. 

In the bill submitted herewith an appropriation of $15,000 is asked 
for to cover the two years which will elapse before the next session of 
the General Assembly. A jurisdiction of the subject-matter is retained 
by this Commission with a view to making further report showing 
detail of its expenditures and making such other recommendations as 
to the Commission may seem fit and proper before the close of the 
General Assembly. Very respectfully, 

Mining Investigation Commission 
OF THE State of Illinois. 











A BILL 

FOR 

AN ACT TO REVISE THE LAWS IN RELATION TO COAL 
MINES AND SUBJECTS RELATING THERETO, AND 
PROVIDING FOR THE HEALTH AND SAFETY OF 
PERSONS EMPLOYED THEREIN. 


Section i. lie it enacted by the People of the State-of Illinois, 
represented in the General Assembly: 

Appointment and Composition of State Mining Board, (a) 
The Governor, with the advice and consent of the Senate, shall appoint 
a State Mining" Board which shall be composed of five members, two 
of whom shall be practicing coal miners, one a practicing coal mine 
hoisting engineer, and two coal operators. 

Powers and Duties of Board, (b) Said Board shall be author¬ 
ized, empowered and required to make formal inquiry into and pass 
upon the practical and technological qualifications and personal fitness 
of men seeking appointment as State Inspectors of Mines, and of those 
seeking certificates of competency as mine managers, as hoisting engi¬ 
neers and as mine examiners. Said Board also shall have such other 
powers and duties as may be prescribed by the provisions of this Act 
or any other Act relating to coal mining. Said Board also shall control 
and direct the State Mine Inspectors and Deputy Inspectors herein¬ 
after provided for, in the discharge of their duties. Said Board also 
shall cause to be collected statistical details relating to coal mining 
in the State, especially in its relations to the vital, sanitary, commercial 
and industrial conditions, and to the permanent prosperity of said 
industry; and said Board shall cause such statistical details to be com¬ 
piled and summarized as a report of said State Mining Board, to be 
known as the Annual Coal Report. 


13 



Date and Term of Appointment, (^t) Their appointment shall 
date from July i, 1911, and they shall serve for a term of two years, 
or until their successors are appointed and qualified. They shall all be 
sworn to a faithful performance of their duties. One of the coal 
operators member of said Board shall be elected as President, and one 
of the coal miners member of said Board shall be elected as Secretary. 
The Board may appoint a Chief Clerk and may employ such other 
persons as may be necessary for the proper discharge of its powers 
and duties; all of whom shall perform such duties as may be pre¬ 
scribed bv the Board from time to time, and the Board'may from 
time to time also prescribe standing and other rules for the control and 
direction of its officers and employees and of the State Mine Inspectors 
and Deputy Inspectors. 

Supplies Furnished by Secretary of State, {d) The Secre¬ 
tary of State shall assign to the use of the Board, suitably furnished 
rooms in the State House, and shall also furnish whatever blanks, 
blank-books, printing, stationery, instruments and supplies the Board 
may require in the discharge of its duties, and for the use of State 
Mine Inspectors and Deputy Inspectors. 

Frequency of Meetings, {e) The Board shall hold such meet¬ 
ing's from time to time as may be necessary for the proper discharge 
of its duties. The Board shall meet at the Capitol on the second Tues¬ 
day in September of the year 1911, and annually thereafter, for the 
examination of candidates for appointment as State Inspectors of 
iMines. Special examinations also may be held whenever for any 
reason it may become necessary to appoint one or more inspectors. 

For the examination of persons seeking certificates of competency 
as mine managers, hoisting engineers and mine examiners, the Board 
shall hold meetings at such times and places within the State as shall, 
in the judgment of the members, afford the best facilities to the great¬ 
est number of candidates. 

Public notice shall be given through the press or otherwise, not 
less than ten days in advance, announcing the time and place at which 
anv examinations under this section are to be held. 

Rules of Procedure. (/) The examinations herein provided for 
shall be conducted under rules, conditions and regulations prescribed 
by the Board. Such rules shall be made a part of the permanent 
record of the Board, and such of them as relate to candidates shall be, 
upon application of any candidate, furnished to him by the Board; 
they shall also be of uniform application to all candidates. 


14 


Compensation of Members — Salary of Chief Clerk, (g) 
The members of the State Mining Board shall receive as compensa¬ 
tion for their services the sum of ten dollars ($io) each per day for 
the time actually devoted to the discharge of their duties, and what¬ 
ever sums are necessary to reimburse them for such actual and neces¬ 
sary traveling expenses as may be incurred in the discharge of their 
duties. 

The salary of the chief clerk shall be $1,500 per annum, and he 
shall be reimbursed for any amounts expended for actual and neces¬ 
sary traveling expenses in the discharge of his duties. 

All salaries and expenses of the Board and of its employees shall 
be paid upon vouchers duly sworn to by each and approved by the 
President of the Board, or in his absence by the acting President, and 
by the Governor, and the Auditor jof Public Accounts is hereby author¬ 
ized to draw his warrants on the State Treasury for the amounts thus 
shown to be due, payable out of any money in the treasury not other¬ 
wise appropriated. 

Sec. 2. Credentials, (a) An applicant for any certificate herein 
provided for, before being examined shall register his name with the 
State Mining Board, and file with the Board the credentials required 
by this Act, to-wit: An affidavit as to all matters of fact establishing 
his right to receive the examination, and a certificate of good character 
and temperate habits, signed by at least ten residents of the community 
in which he resides. 

Examinations for Inspectors, (b) Persons applying to the 
State Mining Board as candidates for appointment as State Inspectors 
of mines must produce evidence satisfactory to the Board that they 
are citizens of this State, at least thirty years of age, that they have 
had a practical mining experience of ten years, and that they are men 
of good repute and temperate habits; they must pass an examination 
as to their practical and technological knowledge of mine surveying 
and mining machinery and appliances, of the proper development and 
operation of coal mines, of ventilation in mines, of the nature and 
properties of mine gases, of first aid to injured, of mine rescue methods 
and appliances, of the geology of the coal measures in this State, and 
of the laws of this State relating to coal mines. 

Names Certified to the Governor, (c) At the close of each 
examination for inspectors, the Board shall certify to the Governor the 
names of all candidates who have received a rating above the minimum 
fixed by the rules of the Board as being persons properly qualified for 
the position of inspector. 


15 


Examinations for ]\Iine Managers, (d) Persons applying to 
the Board for certificates of competency as mine managers must pro¬ 
duce evidence satisfactory to the Board that tliey are citizens of the 
United States, at least twenty-four years of age, that they have had 
at least four years practical mining experience, and that they are men 
of good repute and temperate habits; they must also pass such an 
examination as to their experience in mines and in the management of 
men, their knowledge of mine machinery and appliances, the use of 
surveying and other instruments used in mining, the properties of mine 
gases, the principles of ventilation, of first aid to injured, of mine- 
rescue methods and appliances, and the legal duties and responsibilities 
of mine managers, as shall be prescribed by the rules of the Board. 

Examinations for Mine Examiners, (c) Persons applying to 
the Board for certificates of competency as mine examiners, must pro¬ 
duce evidence satisfactory to the Board that they are citizens of the 
Lhiited States, at least twenty-one years of age, and of good repute 
and temperate habits, and that they have had at least four years prac¬ 
tical mining experience. They must pass an examination as to their 
experience in mines generating dangerous gases, their practical and 
technological knowledge of the nature and properties of fire-damp, the 
laws of ventilation, the structure and uses of safety lamps, and the 
laws of this State relating to safeguards ag'ainst fires from any source 
in mines. 

Examinations for Hoisting Engineers. (/) Persons applying 
to the Board for certificates of competency as hoisting engineers must 
produce evidence satisfactory to the Board that they are citizens of the 
United States, at least twenty-one years of age, that they have had at 
least two years’ experience as fireman or engineer of a hoisting plant, 
and are of good repute and temperate habits. They must pass an 
examination as to their experience in handling hoisting machinery, 
and as to their practical and technological knowledge of the construc¬ 
tion, cleaning and care of steam boilers, the care and adjustment of 
hoisting engines, the management and efficiency of pumps, ropes and 
winding apparatus, and as to their knowledge of the laws of this State 
in relation to signals and the hoisting and lowering of men at mines. 

Examination PUpers Preserved, (g) There shall be a written 
and an oral examination of applicants as may be prescribed bv the 
rules of the Board; and all written examination papers and all other 
papers of applicants shall be kept on file by the Board for not less than 
one year, during which time any applicant shall have the right in 
inspect his said papers at all reasonable times; and any applicant shall 


16 


be entitled to a certified copy of any or all of his said papers upon 
payment of a reasonable copy fee therefor. 

Sec. 3. Certificates Issued by the Board, (a) The certifi¬ 
cates provided for in this Act shall be issued under the signature and 
seal of the State Alining’ Board, to all those who receive a rating; above 
the ininimuin fixed by the rules of the Board; such certificates shall 
contain the full name, age and place of birth of the recipient and the 
length and nature of his previous service in or about coal mines. 

Record to Be Preserved, {b) The Board shall make and pre¬ 
serve a record of the names and addresses of all persons to whom 
certificates are issued. 

Effect of Certificates, (c) The certificates provided for in this 
Act shall entitle the holders thereof to accept and discharge at any 
mine in this State, the duties for which they are declared qualified. 

Unlawful to Employ Other Than Certificated Mine Man¬ 
agers. ((/) It shall be unlawful for the operator of any coal mine to 
have in his service as mine manager at his mine, any person who does 
not hold a certificate of competency issued by the State Alining Board 
of this State; Provided, that whenever any exigency arises by which 
it is impossible for any operator to secure the immediate services of a 
certificated mine manager, he may place any trustworthy and expe¬ 
rienced man of the mine inspection district in charge of his mine to act 
as temporary mine manager for a period not exceeding seven days, and 
with the approval of the State Inspector of the district, for a further 
period not exceeding twenty-three days. 

Unlawful to Employ Other Than Certificated ^Iine Exam¬ 
iners. (c) It shall be unlawful for the operator of any mine to have 
in his service as mine examiner any person who does not hold a cer¬ 
tificate of competency issued by the State Alining Board: Provided, 
that anv one holding a mine manager’s certificate may serve as mine 
examiner: but in any mine employing more than twenty-five (25) men, 
the mine^nanager shall not act in the capacity of mine examiner while 
acting as mine manager; and Provided, whenever an exigency arises 
bv which it is impossible for any operator to secure the immediate 
services of a certificated mine examiner, he may employ any trustworthy 
and experienced man of the mine-inspection district to act as tempo- 
r'arv mine examiner for a period not exceeding seven days, and with 
the approval of the State Inspector of the district, for a further period 
not exceeding twentv-three davs. 


UxXLAWFUL TO EmPLUY OtIIEK TiIAN CERTIFICATED HoiSTIXG ExOl- 
XEER. (/) It shall be unlawful for the operator of any mine to permit 
any person who does not hold a certificate of competency as hoisting 
engineer issued bv the State Mining Board, to hoist or lower men. 


Temporary Employmext of LIxcertificated Persoxs Not Ex- 
texdeD. (o) The employment of persons who do not hold certifi¬ 
cates as mine managers and mine examiners, shall in no case exceed 
the limit of time specified herein, and the State Inspector shall not 
approve of the employment of such persons beyond the twenty-three- 
day limit. 


Removal of Inspectors, {h) Upon a petition signed by not less 
than three coal operators, or ten coal miners, setting forth that any 
State Inspector or Deputy Inspector of Mines neglects his duties, or 
that he is incompetent, or that he is guilty of malfeasance in office, or 
guilty of any act tending to the unlawful injury of miners or operators 
of mines, it shall be the duty of the State jMining Board to issue a 
citation to the said inspector to appear before it within a period of 
fifteen days on a day fixed for said hearing, when the said Board shall 
investigate the allegations of the petitioners ; and if the said Board 
shall find that the said inspector is neglectful of his duty, or that he is 
guilty of malfeasance in office, or guilty of any act tending to the 
injury of miners or operators of mines, the said Board shall declare 
the office of said inspector vacant, and a properly qualified person shall 
be duly appointed, in the manner provided for in this Act, to fill said 
vacancy. 

Cancellation of Certificates, (i) The certificate of any mine 
manager, hoisting engineer or mine examiner, may be canceled and 
revoked by the State Mining Board upon notice and hearing as here¬ 
inafter provided, if it shall be established in the judgment of said 
Board that the holder thereof has become unworthy to hold said cer¬ 
tificate by reason of violation of the law, intemperate habits, incapacity, 
abuse of authority or for any other cause; Provided, that any person 
against whom charges or complaints are made hereunder shall have 
the right to appear before said Board and defend against said charges, 
and he shall have fifteen days’ notice in writing of such charges pre¬ 
vious to such hearing; Provided further, that the Board in its discre¬ 
tion may suspend the certificate of any person charged as aforesaid, 
pending said hearing, but said hearing shall not be unreasonably 
deferred. 


Sec. 4. Inspection Districts. The State shall be divided into 


18 


twelve inspection districts, said divisions to be made by the State 
Alining Board. The Board may also change from time to time the 
boundaries of said districts, in order to more equally distribute the 
labor and expenses of the several mine inspectors, but this provision 
shall not be construed as authorizing the State Alining Board to 
increase the number of districts. 

- Sec. 5. Inspectors Appointed, (a) From the names certified 
by the State Alining Board, the Governor shall select and appoint 
twelve State Aline Inspectors; that is to say, one inspector for each of 
the twelve inspection districts provided for in this Act; or more, if, 
in the future, additional inspection districts shall be created, and their 
commissions shall be for a term of two years from July first; Pro¬ 
vided, any State Inspector in actual service and good standing- and 
who has passed one examination under this Act may be reappointed 
for the next ensuing terin, without further certification, but shall not 
be so reappointed more than three times; Provided further, no man 
shall be eligible for appointment as a State Inspector of Alines who 
has any pecuniary interest in any coal mine in Illinois. 

Deputy Inspector Appointed, (b) The Governor shall select 
and appoint twelve Deputy Aline Inspectors. The commissions of such 
Deputy Inspectors shall be for a term of two years from July first. 
Such Deputy Inspectors must hold a mine manager’s certificate issued 
by the State Alining Board within six years from the date of their 
appointment as Deputy Inspectors. Said Deputy Inspectors shall be 
assigned for service from time to time in the different inspection dis¬ 
tricts of the State by order of the State Alining Board. Said Board 
shall not be obliged to assign a Deputy to any inspection district. Said 
Deputy Inspectors, in the discharge of their duties, shall be under the 
direction of the State Inspector for the district to which said Depu¬ 
ties are assigned, and shall make such reports as shall be required of 
them to the State Inspector; subject, however, tO' the jurisdiction 
of the State Alining Board over both State Inspector and Deputy 
Inspector. 

Bond, (c) State Inspectors and Deputy Inspectors of Alines, 
before entering upon their duties as such, must take an oath of office, 
as provided for by the Constitution, and enter into a bond to the State 
in the sum of five thousand dollars ($5,000) for State Aline Inspec¬ 
tors, and three thousand dollars ($3,000) for Deputy Aline Inspectors, 
with sureties to be approved by the Governor, conditioned upon the 
faithful performance of their duties in every particular, as required by 
this Act. Said bonds, with the approval of the Governor endorsed 


19 


thereon, together with the oath of office, shall be deposited with tjie 
Secretary of wState. 

Instruments, (d) The State Mining Board shall furnish to each 
of said State Inspectors and Deputy Inspectors an anemometer, a 
safety-lamp and such other instruments and such blanks, blank-books, 
stationery, printing and supplies as may be required by said inspectors 
in the discharge of their official duties. Said instruments and supplies 
shall be paid for on bills of particulars certified by the proper officers 
of the Board and approved by the Governor ; and the Auditor of 
Public Accounts shall draw his warrants on the State Treasury for 
the amounts thus shown to be due, payable out of any money in the 
treasury not otherwise appropriated. 

Examination of Mines, (e) State Inspectors and Deputy 
Inspectors shall devote their whole time and attention to the duties of 
their respective offices. State Inspectors shall make personal examina¬ 
tion at least once in every six months of each mine in their district in 
which marsh gas has been detected in quantities which, in the judgment 
of the State Mining Board, is dangerous. The State Mining Board also 
may require State Inspectors personally to examine any or all other 
mines in their respective districts. 

Deputy Inspectors may be assigned by the State IMining Board to 
examine mines which have not been classified as generating marsh 
gas in dangerous quantities.. 

Every mine in the State shall be examined at least once in every 
six months. 

Scope of Examination. (/) Every State Inspector and every 
Deputy Inspector in the regular inspection of mines shall measure with 
an anemometer and determine the amount of air passing in the last 
cross-cut in each pair of entries in pillar and room mines, or in the last 
room of each division in long-wall mines. He shall also measure with 
an anemometer and determine the amount of air passing at the inlet 
and outlet of the mines; and he shall compare all such air measure¬ 
ments with the last report of the mine examiner and the mine manager 
upon the mine examination book of the mine. He must observe that 
the legal code of signals between the engineer and top man and bottom 
man is established and conspicuously posted for the information of all 
employees. 

State Inspectors and Deputy Inspectors also shall require that every 
necessary iirecaution be taken to insure the health and safety of the 
workmen employed in the mines, and that the provisions and require¬ 
ments of all the mining laws of this State are obeyed. 


20 


State Inspectors and Deputy Inspectors shall render written reports 
of mine inspections made by them to the State Alining Board in snch 
form and manner as shall be required by the Board. The Deputy 
Inspectors’ reports shall be made through the State Inspector; and the 
State Inspector shall take prompt action for the enforcement of the 
penalties provided for violation of the mining laws. 

Authority to Enter, (g) It shall be lawful for State. Inspectors 
and Deputy Inspectors to enter, examine and inspect any and all coal 
mines and the machinery belonging thereto, at all reasonable times, by 
day or by night, but so as not to unreasonably obstruct or hinder the 
working of snch coal mine, and the operator of every such coal mine is 
hereby required to furnish all necessary facilities for making such 
examination and inspection. 

Procedure in Case of Objection. (/?) If any operator shall 
refuse to permit such inspection or to furnish the necessary facilities 
for making such examination and inspection, the inspector shall file his 
affidavit, setting forth such refusal, with the judge of the circuit court 
in said county in which said mine is situated, either in term time or 
vacation, or, in the absence of said judge, with a mastery in chancery 
in said county in which said mine is situated, and obtain an order on 
such owner, agent or operator so refusing as aforesaid, commanding 
him to permit and furnish such necessary facilities for the inspection of 
such coal mine, or to be adjudged to stand in contempt of court and 
punished accordingly. 

Notices to Be Posted. (/) The State Inspector or the Deputy 
Inspector, as the case may be, shall post in some conspicuous place at 
the top of each mine inspected by him, a plain statement showing what 
in his judgment is necessary for the better protection of the lives and 
health of persons employed in such mine; such statement shall give the 
date of inspection and be signed by the inspector. He shall post a 
notice at the landing used by the men, stating what number of men will 
1 >e permitted to ride on the cage at one time and the rate of speed at 
which men may be hoisted and lowered on the cages. 

Sealer of Weights. (/) State Inspectors and Deputy Inspectors 
are herebv made ex-officio sealer of weights and measures in their 
respective districts, and as such are empowered to test all scales used 
to weigh coal at coal mines. Upon the written request of any mine 
owner or operator, or of ten coal miners employed at any one mine, 
it shall be the duty of the inspector to test any scale or scales at such 
mine against which complaint is directed, and if he shall find that they 


21 


or any of them do not weigh correctly, he shall call the attention of the 
mine owner or operator to the fact, and direct that said scale or scales 
be at once overhanled and readjusted so as to indicate only true and 
exact weights, and he shall forbid the further operation of such mine 
until snch scales are adjusted. In the event that such tests shall con¬ 
flict with any test made by any connty sealer of weights, or under and 
by virtue of any municipal ordinance or regulation, then the test by 
such mine inspector shall prevail. 

Test Weights, {k) For the purpose of carrying out the provi¬ 
sions of this Act, each State Inspector and each Deputy Inspector shall 
be furnished by the State with a complete set of standard weights 
suitable for testing the accuracy of track scales and of all smaller 
scales at mines; said test weights to be paid for on bills of particulars, 
certified by the Secretary of State and approved by the Governor. 
Such test weights shall remain in the custody of the inspector, for use 
at au}^ point within his district, and for any amounts expended by him 
for the storage, transportation or handling of the same, he shall be 
fully reimbursed upon making entry of the proper items in his expense 
voucher. 

Inspectors'’ Annual Reports. (/) Each State Inspector of mines 
shall, within sixty days after June 30th of each year, prepare and for¬ 
ward to the State Mining Board a formal report of his acts during the 
year in the discharge of his duties, with any recommendations as to 
legislation he may deem necessary on the subject of mining, and shall 
collect and tabulate upon blanks furnished by said Board all desired 
statistics of mines and miners within his district to accompany said 
annual report. 

Reports to Be Published, {m) On the receipt of said inspec¬ 
tors’ reports the chief clerk of the State Mining Board shall compile 
and summarize the same, to be included in the report of said Board, 
to be known as the Annual Coal Report, which shall, within four 
months thereafter, be bound, printed and transmitted to the Governor 
for the information of the General Assembly and the public. The 
printing and binding of said reports shall be provided for by the Com¬ 
missioners of State Contracts in like manner and in like number as they 
provide for the publication of other official reports to the Governor. 

Reports by Operator, {n) Every coal operator shall, within thirty 
days after June 30 of each year, furnish to the State Mine Inspector 
of the district, on blanks furnished by him prior to said June 30, sta¬ 
tistics of the wages and conditions of their employees as required bv 
law. The failure of any inspector to forward tO' the State Mining 
Board his formal report, as provided in Paragraph ( 1 ) hereof, or the 


22 


lailiire of any coal operator to furnish to the State Aline Inspector of 
the district the statistics provided for herein, shall be adjudged a mis¬ 
demeanor and be subject to a fine of $100. 

Si'X', 6. Pay of Inspectors. Each State Inspector of mines shall 
receive as compensation for his services the sum of $3,000 per annum, 
and the Deputy Inspector shall receive as compensation for his serv¬ 
ices the sum of $2,100 per annum, and for traveling- expenses each shall 
receive the sum actually expended for that purpose in the discharge 
of his official duties, both salary and expenses to be paid monthlv by 
the Stale Treasurer, on warrants of the Auditor of Public Accounts, 
from the funds in the treasury not otherwise appropriated ; said expense 
vouchers shall show the items of expenditures in detail, with sub¬ 
vouchers for the same so far as it is practicable to obtain them. Said 
vouchers shall be sworn to by the inspector and be approved by the 
President of the State Alining Board and the Governor. 

Sec. 7. AIaps Required, (a) The operator of every coal mine in 
the State shall make, or cause to be made, an accurate map or plan of 
such mine, drawn to a scale not smaller than 200 feet to the inch. All 
measurements shall be in feet and decimals of a foot. On such maps 
shall appear the name of the State, county and township in which .the 
mine is located, the designation of the mine, the name of the company 
or owner, the certificate of the mining engineer or surveyor as to the 
accuracy and date of the survey, the north point and the scale to which 
thy drawing is made. 

Surface Survey, {b) Such map or plan shall accurately show 
the surface boundary lines of the coal rights pertaining to each mine, 
and all sections or quarter-section lines or corners within the same ; the 
lines of town lots and streets; the tracks and side-tracks of all rail¬ 
roads, and the location of all wagon roads, rivers, streams, ponds, loca¬ 
tion and depth of holes drilled for oil, gas or water that penetrate a 
workable coal seam, and the elevation above the coal seam of any 
stream or body of water that might endanger the mine. 

Underground Survey, (c) For the underground workings, said 
maps shall show all shafts, slopes, tunnels or other openings to the sur¬ 
face or to the workings of a contiguous mine; all excavations, entries, 
rooms and cross-cuts; the location of the fan or furnace and the direc¬ 
tion of the air currents; the location of pumps, hauling engines, engine 
planes, abandoned works, fire walls and standing water; and the out¬ 
crop line of the seam, if any, on the property. 

The general outline of all areas in which pillars have been drawn 
shall be indicated on the map. 


23 


Each underground map also shall show, in feet and decimals thereof, 
the elevation of the floor of the coal at reasonable intervals on the main 
entries and cross entries from the bottom of the shaft to the face of the 
workings: such elevations shall be referred to the door of the coal at 
the bottom of the hoisting shaft. 

Map for Every Seam, (d) A separate and similar map, drawn 
to the same scale, shall be made of each and every seam, which, after 
the passage of this x\ct, shall be worked in any mine, and the maps of 
all such seams shall show all shafts, inclined planes or other passage¬ 
ways connecting the same. 

Separate ]NL\p for the Surface, (c) A separate map also shall be 
made of the surface whenever the surface buildings, lines or objects are 
so numerous as to obscure the details of the mine workings if drawn 
upon the same sheet with them, and in such case the surface map shall 
be drawn on transparent cloth or paper, so that it can be laid upon the 
map of the underground workings, and thus indicate the relation of lines 
and objections on the surface to the excavations of the mine. 

Copies for Inspectors and Recorders, (g) The original or true 
copies of all such maps shall be kept in the office at the mine, and one 
true copy thereof shall be furnished to the State Inspector of mines 
for the district in which said mine is located, and one shall be filed in 
the office of the recorder of the county in which the mine is located, 
within thirty days after the completion of the same. The maps so deliv¬ 
ered to the inspector and to the recorder shall remain in the custody 
of said inspector and recorder durng* their respective terms of office, 
and be delivered by them to their successors in office. They shall be 
kept at the office of the inspector and of the recorder, and be open to 
the examination of all persons interested in the same, but such exami¬ 
nation shall be made only in the presence of the inspector or the 
recorder. Neither the inspector nor the county recorder shall permit 
any copies of the same to be made without the written consent of the 
operator or the owner of the property. 

The county recorder shall properly index such map as part of the 
title record of the property affected. 

A copy of each map and extensions to the same shall be furnished 
the manager of the mine-rescue stations for his use in connection with 
rescue work only. 

Annual Surveys, (h) An extension of the last preceding survey 
of every mine in active operation shall be made once in every twelve 
months prior to July i, of every year, and the results of said survey. 


24 


with the date thereof, shall be promptly and accurately entered upon 
the original maps and all copies of the same, so as to show all changes 
in plan or new work in the mine, and all extensions of the old workings 
to the most advanced face or boundary of said workings which have 
been made since the'last preceding survey. The State Inspector, the 
County Recorder and the Manager of the Rescue Stations shall be 
furnished with a copy of the said extended map or of the extensions 
to said map. 

Abandoned Mines, (i) When any coal mine is worked out or is 
about to be abandoned or indefinitely closed, the operator of the same 
shall make, or cause to be made, a final survey of such mine, to show - 
the entire worked-out area when the mine was closed, and the results 
of the same shall be duly extended on all maps of the mine and copies 
thereof herein required to be filed. 

Special Survey. (;) The State Inspector of ]Mines, or the State 
Mining Board, may order a survey to be made of the workings of any 
mine in addition to the regular annual survey, the results to be 
extended on the maps of the same and the copies thereof, whenever 
the safety of the workmen, unlawful injury to the surface, unlawful 
encroachment upon adjoining property, or the safety of an adjoining 
mine requires it. 

If the State Inspector of Mines or the State Mining Board shall 
believe any map required by this Act is materially inaccurate or imper¬ 
fect, the State Inspector or State Mining Board is authorized to make, 
or cause to be made, a correct survey and map at the expense of the 
operator, the cost recoverable as for debt, provided if such test survey 
shows the operators map to be correct, the State shall be liable for the 
expense incurred, payable in such manner as other State accounts 
incurred by the State Mining Board. 

Penalties for Failure, (k) If an operator of any mine refuses 
or wilfully neglects, for a period of three months, to furnish the said 
State Inspector, the County Recorder and the Manager of the Rescue 
Stations the map or plan of such mine, or a copy thereof, or of the 
extensions thereto, as provided for in this Act, such operator shall be 
deemed guilty of a misdemeanor, and on conviction thereof shall be 
fined not less than ten dollars nor more than one hundred dollars, in the 
discretion of the court, and shall stand committed to the county jail 
until such fine is paid, and, in addition thereto, the State Inspector of 
State Mining Board is hereby authorized to make, or cause to be made, 
an accurate map or plan of such mine at the expense of the operator 
thereof; and the cost of the same may be recovered by law from the 


25 


operator in the same manner as other debts by suit, in the name of the 
State Inspector or the State Alining Board, and for his or its use, and 
copies of the same shall be filed by him or the Board, one each with 
said recorder and said Alanager of the Rescue Stations. 

Sec. 8. Sinking Subject to Inspection, (a) Any shaft or 
other opening in process of sinking, or driving, for the purpose of min¬ 
ing coal, shall be subject to the inspection of the State or Deputy 
Inspector of Alines for the district in which said shaft or opening is 
located. 

{h) Over every shaft that is being sunk or shall hereafter be sunk, 
there shall be a safe and substantial structure to support sheaves or 
pulley ropes at a height not less than 15 feet above the tipping place. 
The landing platform of such shaft shall be so arranged that material 
can not fall into the shaft while the bucket is being emptied or taken 
from the hoisting rope. If provisions are made to land a bucket on a 
truck, said truck and platform shall be so arranged that material can 
not fall into the shaft. 

(c) Rock or coal shall not be hoisted except in a bucket or on a 
cage when men are in the bottom of the shaft; and said bucket or cage 
must be connected tO' the hoisting rope by a safety hook, clevis or other 
safety attachment. The rope shall be fastened to the side of the drum 
and not less than three coils of rope shall remain on the drum. In 
shafts over 100 feet in depth, suitable provision shall be made to pre¬ 
vent the bucket from swinging' while being lowered or hoisted, and 
guides provided for this purpose shall be maintained at a distance of 
not more than 75 feet from the bottom of the shaft. 

(<:/) An efficient brake shall be attached to the drum of the engine 
used for hoisting in shaft sinking, and the drum shall be provided with 

a fiange on each end not less than 4 inches in height. 

» 

{e) Not more than four persons shall be lowered or hoisted in or 
on a bucket in a shaft at one time, and no person shall ride on a loaded 
bucket. 

(/) All blasts in shaft sinking shall be exploded by electric battery. 

(g) Provision 'shall also be made for the proper ventilation of 
shafts while being sunk. 

{h) No one but a certificated hoisting engineer shall be in charge 
of the hoisting engines while a shaft is being sunk. 

Sec. 9. Two Places of Egress, (a) For every coal mine in this 
State, whether worked by shaft, slope or drift, there shall be provided 
and maintained, in addition to the hoisting shaft, or other place of 


26 



delivery, an escapement shaft or opening to the surface, or an nnder- 
gronnd communicating passageway with a contiguous mine, so that 
there shall be at least two distinct and available means of egress to all 
persons employed in such coal mines. 

Distance from Main Shaft, (b) In mines sunk after the pas¬ 
sage of this Act, the first escapement shaft shall be separated from the 
main shaft by such extent of natural strata as may be agreed upon by 
the inspector of the district and the owner of the property, but the dis¬ 
tance between the main shaft and the escapement shaft shall not be less 
than 500 feet nor more than 2,000 feet. 

Unlawful to Employ More than Ten Men. (c) It shall be 
unlawful to employ underground, at any one time, more men than in 
the judgment of the inspector are necessary to complete speedily the 
connections with the escapement shaft or adjacent mine; and said num¬ 
ber must not exceed ten men at any one time for any purpose in said 
mine until such escapement or connection is completed. 

The time allowed for completing such escapement shaft or mak¬ 
ing such connections with an adjacent mine, as is required by the terms 
of this Act, shall be three months for shafts 200 feet or less in depth, 
and six months for shafts less than 500 feet and more than 200 feet, 
and nine months for all other mines, slopes or drifts, or connections with 
adjacent mines. The time to date in all cases from the hoisting of coal 
from the hoisting shaft. 

Stairways or Cages, (d) The escapement shaft at every mine 
opened after the passage of this Act shall be equipped with a substan¬ 
tial stairway, set at an angle not greater^ than forty-five degrees, which 
shall be provided with hand-rails and with platforms or landings at each 
turn of the stairway. 

If any escapement shaft, at the time of the passage of this Act, be 
equipped with a cage for hoisting men, such shaft, cage and all equip¬ 
ment used in connection therewith must conform to the requirements 
of this Act in reference to the hoisting and lowering of men. 

Passageways to Escapement, (e) Such escapement shaft or 
opening or communication with a contiguous mine as aforesaid, shall 
be constructed in connection with every seam of coal worked in such 
mine, and all passageways communicating with the escapement shaft 
or place of exit, from the main hauling ways to said place of exit, shall 
be maintained free of obstruction at least 5 feet high and 5 feet wide. 
Such passageways must be so graded and drained that it will be impos¬ 
sible for water to accumulate in any depression or dip of the same in 
quantities sufficient to obstruct the free and safe passage of men. No 


27 


jiassageway to an escapement shaft shall pass through a stable. At all 
points where the passageway to the escapement shaft or other place 
of exit is intersected by other roadways or entries, conspicuous sign¬ 
boards shall be placed indicating the direction it is necessary to dake in 
order to reach such place of exit. 

Communications with Adjacent Mines. (/) When operators 
of adjacent mines have, by agreement, established underground com¬ 
munications between said mines as an escapement outlet for the men 
employed in both, the intervening doors shall remain unlocked and ready 
at all times for immediate use. 

When such communication has once been established between con¬ 
tiguous mines, the operator of either shall not close the same without 
the consent of the operator of the contiguous mine and of the State 
Inspector for the district; Provided, that when either operator desires 
to abandon mining operations the expense and duty of maintaining such 
communication shall devolve upon the party continuing operations and 
using the same. 

Sec. 10. Gates at Landings, (a) The upper and lower landing 
at the top of each shaft, and the opening of each intermediate seam 
from or to the shaft, shall be kept clear and free from loose materials, 
and shall be protected with automatic or other gates. At the top land¬ 
ing cage supports, where necessary, must be carefully set and adjusted 
so as to securely hold the cage when at rest. 

Lights on Landings, (b) Whenever the hoisting or lowering of 
men occurs before daylight or after dark, or when the landing at which 
men take or leave the cage is at all obscured by steam or otherwise, 
there must always be maintained at such landing a light sufficient to 
show the landing and surrounding objects distinctly. Likewise, as long 
as there are men underground in any mine, the operator shall maintain 
a good and sufficient light at the bottom of the shaft thereof, so that 
persons coming to the bottom may clearly discern the cage and objects 
in the vicinitv. 

Hoisting Equipment, (c) Every shaft in which men are hoisted 
and lowered must be equipped with a cage, or cages, fitted tO' guide-rails 
running from the top to the bottom. Said cages must be substantially 
constructed; they must be furnished with sheet-metal covers adequate 
to protect persons riding thereon from falling objects ; they must be 
equipped with safety catches. Every cage on which persons are car¬ 
ried must be fitted with iron bars or rings in proper place and suffi¬ 
cient number to furnish a secure hand-hold for every person permitted 
to ride thereon. There shall be attached to every cage on which men 


28 


are, or may be, hoisted or lowered, a horn or other device with which 
signals can be given on the cage. 

(d) In connection with every hoisting-engine used for hoisting 
or lowering of men there shall be provided as follows: 

Brake on Drum. ( j) A good and sufficient brake on the drum, so 
adjusted that it may he operated by the engineer without leaving his 
post at the levers. 

Flanges. (2) Flanges attached to the sides of the drum, with a 
distance when the whole rope is wound on the drum of not less than 
4 inches between the outer layer of rope and the greatest diameter of 
the flange. 

Rope Fastenings. ( ?) One end of each hoisting rope shall he well 
secured on the drum, and at least three laps of the same shall remain on 
the drum when the cage is at rest at the lowest caging place in the 
shaft. 

The lower end of each rope shall be securely fastened to the cage by 
suitable sockets and chains. 

Indicator. (4) An index dial or indicator that plainly shows the 
engineer at all times the true position of the cages in the shaft. 

_ w 

Signals, (e) At every mine where men are hoisted and lowered 
by machinery there shall he provided means of signaling to and from 
the bottom man, the top man and the engineer. The signal system shall 
consist of a tube, or tubes, or wire encased in wood or iron pipes, 
through which signals shall he communicated by electricity, compressed 
air or other pneumatic devices, or by ringing a bell. When compressed 
air or other pneumatic devices are used for signaling, provision must 
he made to prevent signal from repeating or reversing. The following 
signals shall he used at mines where signals are required: 

From the bottom to the top: One ring or whistle shall signify to 
hoist coal or the empty cage, and also to stop either when in motion. 

Two rings or whistles shall signify to lower cage. 

Three rings or whistles shall signify that men are coming up or 
going down ; when return signal is received from the engineer the men 
shall get on the cage and the proper signal to hoist or lower shall he 
given. 

Four rings or whistles shall signify to hoist slowly, implying danger. 

Five rings or whistles shall signify accident in the mine and a call 
for a stretcher. 

Six rings or whistles shall signify hold cage perfectly still until sig¬ 
naled otherwise. 


29 


f 


From top to bottom, one ring or whistle shall signify: All really, 
get on cage. 

Two rings or whistles shall signify: Send away empty cage. 

Provided, that the operator of any mine may, with the consent of 
the inspector, add to this code of signals in his discretion. The code of 
signals in use at any mine shall be conspicnonsly posted at the top and 
at the bottom of the shaft, and in the engine room at some point in front 
of the engineer when standing at his post. 

Gauges, (f) Every boiler shall he provided with a glass water 
gauge and not less than three try cocks and also a steam gauge, except 
that where two or more boilers are equipped with a steam drum prop¬ 
erly connected with the boilers to indicate the steam pressure and with¬ 
out any valves between said toilers and the steam drum, the steam 
gauge may be placed in said steam drum; and other steam gauge shall 
he attached to the steam pipe in the engine house, each to be placed 
in such a position that the engineer and the fireman can readily see what 
pressure is being carried. Such steam gauges shall he kept in good 
order, and adjusted and be tested as often, at least, as every six months. 

Safety Valves, (g) Every boiler shall be provided with a safety 
valve with weights or springs properly adjusted, except that where 
two or more boilers are equipped with a steam drum properlv con¬ 
nected with the boilers to indicate the steam pressure and without anv 
valves between said boilers and the steam drum, the safety valve may 
be placed in said steam drum. 

Inspection of Boilers. (Ji ) All boilers used in generating steam 
in and about coal mines or sinking shafts shall be kept in good order, 
and the operator of every coal mine where steam boilers are in use 
shall have said boilers thoroughly examined and inspected by a com¬ 
petent boilermaker or other qualified person, not an employee of said 
operator, as often as once in every six months, and oftener if the iMine 
Inspector shall so require in writing, and the result of every such 
inspection shall be reported on suitable blanks to said Mine Inspector. 

Run-around at Bottom, (i) At every underground landing 
where men enter or leave the cage and where men must pass from one 
side of the cage to the other, there shall be a passageway, free from 
obstruction and dry as possible, around the shaft not less than three 
feet wide for the use of men only; and animals or cars shall not be 
taken through such passageway while men are passing or desirous of 
passing through such passageway. 

Refuge Place on Shaft Bottom. (/) A refuge place or places 
for men coming out at the close of the day's work shall be provided 


30 


off the main bottom or cageroom in shaft mines, at a place or places 
and of such size as shall be approved by the State Mining Inspector. 
Such place or places shall be not more than 400 feet from the hoisting 
shaft. When leaving such refuge places to be hoisted out, the men 
shall be governed by the rules of the mine. 

Obstructions in Shaft, (k) No accumulation of ice or obstruc¬ 
tions of any kind shall be permitted in any shaft in which men are 
hoisted or lowered; nor shall any dangerous gases or steam be dis¬ 
charged into said shaft in such quantities or at such times as to inter¬ 
fere with the safe passage of men. All surface or other water which 
flows therein shall be conducted bv rings or otherwise to receptacles 
provided for the same in such manner as to prevent water from falling 
upon men while passing* into or out of the mine or while in the dis¬ 
charge of their duties about the shaft bottom. 

Inspection, (i) All shafts by which men enter or leave the mine, 
and the passageways leading thereto, or to the works of a contiguous 
mine used as an escapement shaft shall be carefully examined at least 
once each week that the mine is operating and the date and findings of 
such examination entered promptly in the books kept at the mine for that 
purpose. If obstructions to the free passage of men are found, their 
location and nature shall be stated in said report. Such obstructions 
shall be promptly removed. 

Sec. II. Buildings ON THE Surface, (a) After the passage of 
this Act, there shall not be erected or reerected on the surface within 
100 feet of any hoisting shaft or escapement shaft, any inflammable 
structure. 

Oil and Explosives, (b) No oils or similarly inflammable mate¬ 
rials shall be stored within 100 feet of any hoisting or escapement 
shaft. 

All “explosive materials shall be stored in a fireproof magazine 
located on the surface not less than 500 feet from all other buildings 
in connection with the mine, and such magazine shall be so placed as 
not to jeopardize the free and safe exit of men from the mine in case 
of an explosion at the magazine. 

Engine and Boiler-house, (c) Any building erected after the 
passage of this Act, for the purpose of housing* the hoisting* engine or 
boilers at any mine, shall be substantially fireproof, and no boiler-house 
shall be nearer than sixty feet to the main shaft or other opening, or 
to any building or inflammable structure connecting therewith. 


31 


Sec. 12. Top Man and I)Ottom Man. At every sliaft where 
men are hoisted or lowered by machinery, the operator shall station at 
the top and at the bottom of such shaft a competent man who shall be 
and hereby is charged with the duty of attending to signals, and is 
empowered to preserve order and enforce the rules governing the car¬ 
riage of men on cages. Said top man and bottom man shall be at their 
respective posts of duty at least half an hour before the hoisting of 
coal begins in the morning, and remain for half an hour after hoisting 
ceases for the day. 

Speed of Cages and Other Regulations, (b) Cages on which 
men are riding shall not be lifted nor lowered at a rate of speed greater 
than six hundred feet per minute, except with the written consent of 
the inspector. No person shall carry any tools, timber or other mate¬ 
rials with him on any cage in motion, except for use in repairing the 
shaft, and no one shall ride on a cage containing either a loaded or 
empty car. No cage having an unstable or self-dumping platform 
shall be used for the carriage of men or materials, unless the same is 
provided with some device by which said platform can be securely 
locked, and unless it is so locked whenever men or materials are being 
conveyed thereon. No eoal shall be hoisted in any shaft while men 
are being lowered therein. 

Rights of Men to Come Out. (c) Whenever men who have 
finished their day’s work, or have been prevented from further work, 
shall come to the bottom to be hoisted out, an empty cage shall be 
given them for that purpose, unless there is an available exit by slope 
or by stairway in an escapement shaft, and providing there is no coal 
at the bottom ready to be hoisted. In case of injury or bona fide illness, 
a man shall be given a cage at once. 

Sec. 13. Safety Lamps, (a) At every mine in this State, the 
operator shall provide and keep in condition for use not less than two 
safety lamps and shall provide and keep as many more as may be 
required in writing by the State Mine Inspector. Davy lamps shall 
not be used for any purpose except testing. 

(b) All safety lam])s shall be the property of the operator and 
when not in use shall remain in the custodv of the ]\Iine ]\Ianaeer or 
other competent person designated by him, who shall clean, fill, trim, 
examine and deliver the same locked and in safe condition to the men 
when they enter the mine, or at some underground station designated 
by the Mine Manager for that purpose. He shall also receive the 
lamps from the men when they leave the mine or as they pass the 
underground lamp station at the end of their shift. 


32 


The persons to whom lamps are thus g'iven shall be responsible for 
the condition and proper use of the safety lamps while in their posses¬ 
sion, and their return to the lamp station. 

No safety lamps shall be given to any person for use in a mine nor 
shall any person use a safety lamp in a mine until said person has given 
evidence satisfactory to the Aline Alanag'er that he understands the 
proper nse thereof and the danger of tampering with the same. 

(c) No person except one dnly authorized by the Aline Alanager 
shall have in his possession in any part of the mine where locked safety 
lamps are used, any matches or other means of producing fire, or any 
lamp-key or other instrument usable for the opening of a locked safety 
lamp. Any person violating the provisions of this section shall be guilty 
of a misdemeanor and punishable as hereinafter provided relating to 
misdemeanors under this Act. 

(d) Electric lamps which will not ignite explosive gases may he 
used instead of safety lamps for purposes for which safety lamps are 
required in this Act, except for testing for explosive gas. 

Sec. 14. Ventilation. (0) At every coal mine there shall be 
provided and maintained artificial means for supplying an amount of 
air which shall be not less than 100 cubic feet per minute for each 
person, and not less than 500 cubic feet per minute for each animal in 
the mine, measured at the foot of the downcast and of the upcast; 
e.xcept that in gaseous mines there shall be not less than 150 cubic feet 
of air per minute for each person in the mine. The Inspector shall 
have power by order in writing to require these quantities to be 
increased. 

(b) The main current of air shall be so split or subdivided as to 
give a separate current of reasonably pure air to every 100 men at 
work, and the Inspector shall have authority to order, in writing, 
separate currents for smaller groups of men, .if, in his judgment, 
special conditions render it necessary. 

(c) Doors, curtains or brattices shall be placed at such places as 
may be designated by the mine manager, subject to the approval of the 
State or Deputy Inspector, for conducting the required amount of air 
into the working places. Curtains shall not be permanently used in 
main entries without the written consent of the State or Deputy Aline 
Inspector. 

(d) Away from the pillar for the mine bottom, cross-cuts between 
entries shall be made not more than sixty feet apart without permission 
of the State Inspector of the district and then only in case of faults.” 


33 


When such consent is g'iven, brattice or other means must be provided 
within sixty feet of the face to convey the air to the working place 
until a cross-cut is opened up. 

Wdien undercut or sheared, the entry, cross-cut and room-neck may 
be advanced concurrently, but not more than one cutting shall be shot 
in the room-neck until the cross-cut is finished; and after the entry 
has advanced fifteen feet beyond the location of the new cross-cut, only 
one shot shall be fired in the entry to two in either or both the cross¬ 
cut and room-neck at the same shooting time. 

When not undercut or sheared, the entry and cross-cut may be 
advanced concurrently, but no room shall be opened in advance of the 
last open cross-cut, and after the entry has advanced fifteen-feet 
beyond the location of a new cross-cut only one shot shall be fired in 
the entrv to two in the cross-cut at the same shooting* time. 

Not more than three shots shall be exploded at one shooting time 
ahead of the last open cross-cut. 

> 

(e) After the taking effect of this Act, the first cross-cut in the 
first room oil any entry shall not be more than 50 feet from the rib 
of the entry, and the first cross-cut in the second room shall not be 
more than 80 feet from the rib of the entry; subsequently, first cross¬ 
cuts in all the rooms shall not be more than 50 and 80 feet respectively 
from the rib of the entry. Additional cross-cuts shall not be more than 
60 feet apart. 

(/) All cross-cuts connecting inlet and outlet air courses, except 
the last one nearest the face, shall be closed with substantial stoppings, 
to be made as nearly air-tight as possible. In the making of the air¬ 
tight partitions or stoppings, no loose material or refuse shall be used. 

Cross-cuts between rooms, except the one nearest the face, shall 
be closed sufficiently to carry to the working places the amount of air 
required by law. 

(<s) ^Vhen explosive gas in dangerous quantity is discovered in 
working places before the men go into the mine in the morning, such 
gas shall be removed by a special current of air produced by bratticing 
or from a pipe, before men are permitted to work in such places with 
other lights than safety lamps. 

(/i) If, in any mine, the conditions are such that in the judgment 
of the ]\Iine Alanager or the judgment of the State ]\Iine Inspector 
expi essed in writing, it is necessary to use safetv lamps only in work¬ 
ing said mine, other lights shall not be used therein. 


34 


s 


(z) The air from the outlet of the stable shall not pass into the 
-.intake air current used for ventilating- the working parts of the mine. 

^ (/) All doors in mines, used in guiding and directing the ventilating 
currents, shall be hung and adjusted so as to close automatically. 

(k) At all doors through wdiich three or more drivers are hauling 
coal on any one shift, an attendant shall be employed on said shift for 
the purpose of opening and closing said doors when trips of cars are 
passing to and from the workings. Provided the Mine Inspector, in 
case of specially dangerous conditions, shall have power to require in 
writing that an attendant be placed at doors through which less than 
three drivers pass. Places for shelter shall be provided at such door¬ 
ways to protect the attendants from being injured by the cars while 
attending* to their duties; Provided, that in any or all mines, where 
doors are constructed in such a manner as to open and close automat¬ 
ically, attendants and places for shelter shall not be required. 

(/) If the Inspector shall find men working without the amount 
of air required by law, he shall at once notify the Mine Manager to 
increase the amount of air in accordance with the law. Upon the fail¬ 
ure or refusal of the ^Manager to act promptly, and in all cases where 
men are endangered by such lack of air, the Inspector shall at once 
order the men affected out of the mine. 

(in) In case the passageways, roadways or entries of any mine are 
so dry that the air becomes charged with dust, the operator of such 
mine must have such roadways regularly and thoroughly sprayed, 
sprinkled or cleaned. 

Sec. 15. Refuge Places, Power Haulage Roads, (a) On all 
single-track haulage roads where hauling is done by machinery, which 
roads the persons employed in the mine must use while performing 
their work or travel on foot to and from their work, there shall be 
" places of refuge on one side not less than 3 feet in depth from the 
side of the car, and not less than 4 feet long and 5 feet in height 
and not more than 60 feet apart. On rope-haulage roads, means of 
signaling shall be established between the haulage engineer and all 
points on the road. A conspicuous white lig'ht must be carried on the 
front, and a conspicuous red light or white signal board on the rear of 
every trip or train of pit cars moved by machinery. 

Refuge Places — i\IuLE Roads, (b) On all haulage roads on 
which the hauling is done by draft animals, whereon men are obliged 
to be in the performance of their duties or have to pass to and from 
their work, there shall be places of refuge not less than 2^ feet in 


35 


width from the side of the car, and not less than 4 feet long and 5 feet 
in height and not more than 60 feet apart. 

Room-necks as Refuge Places, (c) Refuge places shall not be 
required in entries on which room-necks at regular intervals not 
exceeding 60 feet furnish the required refuge places. ' 

Keeping Refuge Places Clear, (d) All places of refuge must 
be kept clear of obstructions and no material shall be stored nor be 
allowed to accumulate therein. They shall also be whitewashed not 
less than once in six months. 

Gob on Haulage Roads, (c) One side of all haulage roads shall 
be kept clear of refuse or materials, except timbering, unless the rib or 
timbering on such side shall be feet or more from the rail, but in 
such case materials or refuse shall not be permitted within 2V2 feet of 
the rail. 

Sec. 16. Cars. When there is more than one link on either end 
of car, no swinging open-hook coupling shall be used on mine cars 
installed after this Act shall be in force. 

Mine cars in use when this Act shall become in force and effect 
shall be made to comply with this provision within one year thereafter. 

Sec. 17. Voltage, (a) Trolley wires or other exposed electrical 
wires shall not carry a voltage above 275 volts. 

Wires Crossing Haulage Ways, (b) All trolley and positive 
feed wires crossing' places where persons or animals are required to 
travel shall be safely guarded or protected from such persons or 
animals coming in contact therewith. 

(c) All terminal ends of positive wires shall be guarded so as to 
prevent persons inadvertently coming in contact therewith. 

Sec. 18. Oil Standard, (a) All illuminating* oils used in coal 
mines shall conform to such specifications as shall be prescribed by the 
State Mining* Board. 

Brands of Oil. (b) All oils sold or offered for sale to be used 
for illuminating purposes in coal mines shall be stamped or branded 
upon the original barrel or package in which said oil is furnished to 
the person, firm or corporation selling or furnishing such oil to show 
that such oil has been tested and found to conform to the specifications 
prescribed by the State Mining Board. 

Penalty, (c) Any person, firm or corporation, either by them¬ 
selves, agents or employees, selling or offering to sell for illuminating 
purposes in any mine in this State any oil not complying with the 


36 


# 

specifications of the State Mining* l)oar(l as suitable for illuminating' 
purposes as contemi)late(l in this ^Vct, shall be deemed guilty of a mis¬ 
demeanor, and, upon conviction thereof, shall be fined not less than 
twenty-five dollars, nor more than one hundred dollars for each offense; 
and any mine owner or operator or employee of such owner or operator 
who shall knowingly use, or any mine operator who shall knowingly 
permit to be used, for illuminating purposes in any mine in this State 
any oil the use of which is forbidden by this Act, shall be guilty of a 
misdemeanor, and shall be fined not less than five dollars nor more 
than twenty-five dollars. 

Sampling and Testing, (d) The State Mine Inspectors and 
the Deputy Mine Inspectors shall have authority to sample all oil used 
for illuminating' purposes in the mines of this State,- or kept on hand 
for use or for sale at such mines, and for such purpose the}' may enter 
upon the premises of any person. It shall be their duty to send to the 
State Mining Board to be tested a sample of any oil they have reason 
to suspect does not comply with the specifications of the State ^Mining 
Board in regard to illuminating oil for use in mines; and if the said 
sample of oil is found after suitable tests not to comply with the pro¬ 
visions of this Act, the person using' said oil or selling or offering the 
same for sale, shall be prosecuted in accordance with the provisions of 
this Act. 

Sec. 19. Amount of Powder Kept in Mine, (a) No blasting 
powder, or other explosives, shall be stored in any coal mine, and no 
workman shall have at any time in the mine more than thirty-five 
pounds of black powder nor more than twenty-five pounds of permis¬ 
sible explosives, nor more than three pounds of other high explosives; 
Provided, that nothing in this section shall be construed to prevent the 
operator of any mine from taking into the mine, when miners are not 
therein, and in electrically equipped mines, while the current is turned 
off on roadways through which it is transported, a sufficient quantity 
of powder for the reasonable requirements of such mine for the next 
succeeding working day, but in the interim before such powder is 
delivered to the men, it shall be kept in a closed receptacle. 

Explosives shall not be carried in the same car with tools or other 
materials. 

Place and Manner of Keeping in the Mine, (b) Every per¬ 
son who has powder or other explosives in a mine shall keep the same 
in a wooden box, securely locked, with hinged lid, and said box shall 
be kept as far as practicable from the track; and all powder boxes shall 
be kept as far as practicable from each other and each in a secluded 


37 


/ 



% 


place. Black powder and high explovsives or caps shall not be kept in 
the same box. Detonating explosives and detonators shall not be kept 
in the same box. 

Manner of IlANDmNG. (c) Whenever a workman is about to 
open a box or keg' containing powder or other explosive, and while 
handling the same, he shall place and keep his lamp at least five feet 
distant from said explosive, and in such position that the air current 
can not convey sparks to it, and no person shall approach nearer than 
five feet to any open box containing an open keg' of powder or other 
explosive with a lighted lamp, lighted pipe or other thing containing 
fire. No miner, workman or other person shall open any receptacle 
containing an explosive except by the means of opening the same ])ro- 
vided by the manufacturer thereof, and it shall be unlawful for any 
person to have in his possession in any mine any receptacle containing 
explosive which has been opened in violation of this Act. 

Quantity of Powder in One Charge, (d) The quantity of 
powder to be used in the preparation of shots shall not, in any case, 
exceed five (5) standard chargers full of powder in coal seams five and 
one-half (5^) feet or over in thickness: and shall not, in any case, 
exceed four (4) standard chargers full of powder in coal seams under 
five and one-half (5^2) feet in thickness. 

Standard Charger, (c) For the purpose of determining the 
quantity of powder to be used in the preparation of anv given shot, a 
standard charger is defined and prescribed to be a cylindrical metallic 
charger not to exceed twelve (12) inches in length and not to exceed 
one and one-half (1^2) inches in diameter. 

Dead Holes. (/) No person shall drill or shoot a dead hole as 
hereinafter defined. A “ dead hole ” is a hole where the width of the 
shot at the point measured at right angles to the line of the hole, is so 
great that the heel is not of sufficient strength to at least balance the 
resistance at the point. The heel means that ])art of the shot which 
lies outside of the powder. 

In solid shooting, the width of the shot at the point, in seams of 
coal 6 feet or less in height, shall not be greater than the heig'ht of the 
coal, and in seams of coal more than 6 feet in thickness, the width of 
the shot at the point shall, in no case, be more than 6 feet. 

In undercut coal, no hole shall he drilled on the solid ’’ for any 
part of its length. 

Mixed Shots, (g) In no case shall more than one kind of explo¬ 
sive be used in the same drill hole. 


38 


Copper Tools, (h) The needle used in preparing* a blast shall be 
made of copper, and any metallic tamping-bar or scraper shall be 
tipped with at least five (5) inches of copper. A scraper shall not be 
used for tamping*. 

Tamping, (i) Every blasting* hole shall be tamped full from the 
explosive to the mouth of the hole, and no coal dust or any material that 
is inflammable or that may create a spark, whether the same shall be 
wet or dry, shall be used for tamping. 

Use of Squibs. (7) When a squib is used to fire a shot it shall be 
unlawful to shorten or oil the match of the squib or to ignite it except 
at the end. 

Warning Before Firing, (k) Before firing a shot, the person 
firing the same shall see that all persons are out of danger from the 
probable effects of such shot, and shall take measures to prevent any. 
one approaching* by shouting fire " before lighting* the same. 

Not Wore than One Shot at a Time. (/) Not more than one 
shot shall be lighted at the same time in any working place unless the 
firing is done by electricity or by fuses of such length that the interval 
between the explosions of any two shots shall be. not less than one 
minute, and in no case shall any shot or shots be fired or lighted which 
are termed depending or dependent shots, until after the expiration of 
ten minutes from the successful firing of the reheving shot or shots. 
When successive shots are to be fired in any working place in which 
the roof is broken or faulty, the smoke shall be allowed to clear away 
and the roof examined and made secure between shots. 

* Missed Shots. (;//) No person shall return to a missed shot, if 
lighted with a squib, until five (5) minutes have elapsed from the time 
of lighting the same, or, if lighted with fuse, until the following* day; 
and no person shall return to a missed shot when the firing* is done by 
electricitv unless the wires are disconnected from the battery. 

(it) No missed shot shall be withdrawn excepting by the use of 
copper-tipped or wooden tools. 

Sec. 20. (ai) It shall be the duty of the Mine IManager : 

1. To visit each working place in the mine at least once in two 
weeks. 

2. To provide a suitable checking system whereby the entrance into 
and departure from the mine of each employee shall be indicated. 

3. To have the underground workings of the mine examined by a 
certificated mine examiner within twelve hours jireceding every day 


39 


upon which the mine is to be operated; Such mine examiner shall 
make the examination as ])rovided in this Act, and he shall enter his 
report thereof before the men are permitted to enter the mine in the 
morning- in a book provided for that purpose, which book shall be kept 
in some convenient place on top, but not in the engine room or office, 
for the information of the inspector and other persons interested 
therein. 

• 

4. TO' examine the mine examiner’s report in the morning, and if 
working places are reported dangerous, he shall withhold the entrance 
checks of men working in such places until he has advised such men 
of the danger and instructed them not to work in such places until the 
reported danger has been removed, except for the purpose of removing 
same. 

5. When there is to be a night shift mining coal, the mine manager 
shall require the places in which such night shift are expected tO' work 
to be examined for gas, or falls or dangerous roof, by the person in 
charge of such night shift or some competent person duly authorized by 
him before the men enter such places for work. The night shift may 
go into the mine while the night examiner is in the mine, excepting in 
mines where marsh gas has been detected in dangerous quantities, pro¬ 
vided they do not go into the working places until the required examina¬ 
tion is made. 

Certificated mine examiners shall not be required for the examina¬ 
tion preceding the night shift, excepting in mines where marsh gas is 
detected in dangerous quantities. The night examiner, or examiners, 
shall make a record of their examination in a special book kept for that 
purpose, which shall be kept in some convenient place on top when not 
in use by the examiner. 

6. He shall provide a sufficient number of props, caps and timbers, 
when demanded, delivered on the miners’ cars at the usual place, in 
suitable lengths and dimensions for the securing of the roof bv the 
miners. 

7. He shall see that cross-cuts are made at proper distances apart, 
and that the necessary doors, curtains, and brattices are provided to 
secure the men in the mine the volume of air required by this Act, or 
by the written demands of the mine inspector; also, that all stoppings 
along air-ways are properly and promptly built. 

8. He shall keep careful watch over all ventilating apparatus and 
the air currents in the mine, and in case of accident to fan or machinery 
by which the air currents are stopped or materially obstructed, he shall 


40 


at once order the withdrawal of the men from the mine and prohibit 
their return until the required ventilation has been reestablished. 

9. He shall measure the air current or cause the same to be meas¬ 
ured at least once each week at the inlet and outlet, and shall keep a 
record of such measurements for the information of the mine inspector. 

10. He or his assistant shall, at least once each week, examine the 
roadways leading to the escapement shaft or other openings for the 
safe exit of men to the surface ; and shall make a record of any obstruc¬ 
tions to travel he may encounter therein, together with the date of their 
removal. 

11. He shall examine or designate a competent person to examine 
the hoisting ropes, cages and safety catches every morning, and shall 
require the ropes to be tested by hoisting the cages before the men are 
lowered. 

12. He must see that the top man and bottom man are on duty 
and that sufficient lights are maintained at the top and bottom landings 
when the miners are being hoisted and lowered. 

13. The mine manager or his assistant shall be at his post at the 
mine when the men are lowered into the mine in the morning for work, 
and shall remain at night until all the men employed during the day 
shall have been hoisted out. 

14. He shall give special attention to. and instructions concerning 
the proper storage and handling of explosives in the mines. 

' 15. He shall see that all dusty haulage roads are thoroughly s])rin- 

kled at regular intervals designated by the mine inspector. 

(b) The Mine ^Manager shall have power: 

1. To instruct employees as to their respective duties and to 
require of all employees obedience to the provisions of the mining law. 

2. To prescribe special rules concerning the ])roper storage and 
handling of exlosives in the mine and concerning the time and manner 
of placing and discharging the blasting shots, and it shall be unlawful 
for any miner to fire shots except according to such rides. - 

3. In mines in which the works are so extensive that all the duties 
devolving upon the Mine Manager can not be discharged by one man, 
competent persons may be designated and appointed as assistants to 
the Mine Manager, who shall exercise his functions under the Mine 
Manager’s instructions. 

Sec. 21. Certificated Mine Examiners, (a) A certificated 
mine examiner shall be required at all coal mines. There shall be one 
or more additional certificated mine examiners whenever required in 


41 


writing by the State Aline Inspectors when the conditions are such as. .j 
to make the employment of such additional mine examiners necessary. . 

(b) It shall be the duty of the mine examiner; d 

1. To examine the underground workings of the mine within ^ 

twelve hours preceding every day upon which the mine is to be oper- j 

ated. 

2. When, in the performance of his duties, to carry with him a 
safety lamp in proper order and condition and a rod or bar for sound¬ 
ing the roof. 

3. To see that the air current is traveling in its proper course and.^ - I 

in proper quantity ; and to measure with an anemometer the amount of ' ^ 

air passing in the last cross-cut or break-through of each pair of ^ ,j 
entries, or in the last room of each division in long-wall mines, and at 4 
all other points where he may deem it necessary ; and to note the ' 5 
results of such measurements in the mine examiner’s book kept for ^ 'j 
that purpose. 4; 

4. To inspect all places where men are required in the performance - j 
of their duties to pass or to work, and to observe whether there are 

any recent falls or dangerous roof or accumulations of gas or danger¬ 
ous obstructions in rooms or roadways ; and to examine especially the - j 
edges and accessible parts of recent falls and old gobs and air-courses. 

5. As evidence of his examination of said rooms and roadways, to 
inscribe in some suitable place on the walls of each, not on the face of 

the coal, with chalk, the month and the day of the month of his visit. ". 

6. When working places are discovered in which there are recent 
falls or dangerous roof or dangerous obstruction, to place a conspicuous 
mark or sign thereat as notice to all men to keep out; and in case of 
accumulation of gas, to place at least two conspicuous obstructions 
across the roadway not less than twenty feet apart, one of which shall 
be outside the last open cross-cut. 

7. Upon completing his examination, to make a daily record of 
the same in a book kept for that purpose, for the information of the 
company, the inspector and all other persons interested; and this 
record shall be made each morning before the miners are permitted 
to enter the mine. 

8. To take into his possession the entrance checks of all men 
whose working ])laces have been shown by his examination and record 
to be dangerous, and to give such entrance checks to the mine manager 
before the men are ];)ermitted to enter the mine in the morning. 


42 





Sfx. 22. It shall be the duty of the hoisting engineer: 

1. To be in constant attendance at his engine or boilers at all times 
when there are workmen underground. Wdienever it is the duty of the 
engineer to attend to the boilers, means for signaling from the shaft 
bottom to the boiler-room shall be provided. 

2. He shall not permit any one except ])ersons duly authorized to 
enter the engineroom, and he shall hold no communication with any 
officer of the comj^any or other person while the engine is in motion 
or while his attention is occupied with the signals. 

3. The engineer or some other properly authorized employee shall: 

{a) keep a careful watch over the engines, boilers, pumps, ropes 
and winding apparatus under his jurisdiction ; 

(b) see that the boilers under his care are properly supplied with 
water, cleaned and inspected at frequent intervals; 

(c) see that the steam pressure does not exceed the limit estab¬ 
lished by the boiler inspector, and frequently try the try cocks and 
the safetv valves and shall not increase the weights on the same ; 

(d) see that the steam and water gauges are kept in good order, 
and if any of the pumps, valves or gauges become deranged or fail to 
act, promptly report the fact to the proper authority. 

4. He shall thoroughly understand the established code of signals 
and when he has the signal that men are on the cage, he must operate 
his engine at not to exceed the rate of speed permitted by this Act. 

5. He shall permit no one to handle, except in the discharge of 
duty, or meddle with any machinery under his charge or suffer any 
one who is not a certificated engineer to operate his engine except for 
the purpose of learning to operate it, and then only in the presence of 
the engineer in charge and when men are not on the cage. 

Sr:c. 23. Special Rules, {a) It shall be unlawful for any per¬ 
son knowingly or negligently: 

1. To injure or tamper with any appliance or machinery: 

2. To carry an open light, pipe or fire in any form into any place 
worked by the light of safety lamps, or within five feet of an open 
])ackage of explosive. 

3. To open any locked safety lamp without permission from the 

jiroper authority ; ' 

4. To handle or disturb any part of the hoisting machinery without 
])roper authority ; 


43 


5 . To obstruct or cause any obstruction in any air current or tO' 
leave open any door or other means provided to control the air cuiient 
or to perform any act that will interfere with the ventilating current 
of the mine without permission to do the same from the mine manager, 

6 . To deface, pull down or destroy any notice board, danger sig¬ 
nal, special rule or record book. 

(b) No person shall enter or work in or about a mine or mine 
buildings, tracks or machinery connected therewith, while under the 
influence of intoxicants ; 

(c) Every miner shall sound and thoroughly examine the roof of 
his working place before commencing work, and if he finds loose rock 
or other dangerous conditions, he shall not work in such dangerous 
])lace except to make such dangerous conditions safe. It shall be the 
duty of the miner to properly prop and secure his place for his own 
safety with materials provided therefor. 

(d) It shall be the duty of every operator*to post at some con¬ 
spicuous point at the entrance to the mine, in such manner that the 
employees of the mine can read them, rules not inconsistent with this 
Act,’ plainly printed in the English language, which shall govern all 
persons working in the mine. And the posting of such notice, as pro¬ 
vided, shall charge all employees of such mine with legal notice of the 
contents thereof. 

(e) It shall be unlawful for any person to disobey any order given 
in pursuance of this Act, or to enter any place against a danger signal 
without permission from the mine manager, or to do any wilful act 
whereby the lives or health of persons working in mines or the security 
of the mine or the machinery thereof are endangered. 

(/) No mine employee shall enter or leave a mine without indicat¬ 
ing the fact of entering or leaving said mine by some suitable checking 
system provided by and under the control of the mine manager. 

(g) No person, except the persons necessary to operate the trip 
or car, shall ride on any loaded car or on the outside of any car, or get 
on or oft* a car while in motion. 

{h) It shall be unlaw fill to change, exchange, substitute, alter or 
remove any number or check or other device or sign used to indicate 
or identify the person or persons to whom credit or pay is due for the 
mining of coal in any car or appliance containing the same, with intent 
to cheat or defraud any other person of the value of his services for 
mining the coal contained in such car or appliance; and it shall be 
unlawful for a person with intent to cheat or defraud any other to 


44 


place any number, check or other device or sign upon any car or other 
appliance loaded hy any other person in or about the mine. Any 
violation of this provision shall he deemed a larceny, and upon con¬ 
viction thereof shall he punishable as provided in the general statutes 
of Illinois with respect to larceny. 

Sec. 24. Ten-foot Limit, (a) In no case shall the workings of 
any mine he driven nearer than 10 feet to the boundary line of the coal 
rights pertaining to said mine, except for the purpose of establishing 
an imdergroimd communication between contiguous mines, as provided 
for elsewhere in this Act, or except by mutual agreement in writing 
between the adjoining owners. 

Approaching Abandoned Workings, (b) Whenever any working- 
place approaches within 50 feet of abandoned workings of which there 
is a map prepared as required by law and which may contain dangerous 
accumulations of water or of gas, the operator of said mine shall 
advance by workings not more than 20 feet wide and maintain in 
advance of the face a bore hole'not less than 10 feet in depth and one 
hole in each rib of the working place, 10 feet in depth, which side 
holes shall be drilled so as to make an angle of not less than forty-five 
degrees with the direction of the rib. If there is not a map of the 
abandoned workings, the holes herebefore provided for shall be drilled 
when the new workings are within 100 feet of where the old workings 
are supposed to be. 

Sec. 25. Duty of Inspector, (a) Any loss of life or personal 
injury in or about any coal mine shall be reported without delay by the 
person having charge of said mine to the State Mine Inspector of the 
district in which the mine is located, and the said Inspector, in case of 
injury, if he deem necessary from the facts reported, and in all cases 
of loss of life, shall go immediately to the scene of said accident and 
render every possible assistance to those in need. 

Every operator of a coal mine shall make or cause to be made and 
preserve for the information of the State Mine Inspector, upon uni¬ 
form blanks furnished by said Inspector, a record of all deaths and all 
injuries sustained by any of his employees in the pursuance of their 
regular occupations. 

Coroner’s Inquest, (b) If any person is killed in or about a mine, 
the operator shall also notify the coroner of the county, or in his 
absence or inability to act, any jifstice of the peace of said county, who 
shall hold an inquest concerning the cause of such death. The State 
Mine Insjiector or Deputy Inspector may question or cross-question 
any witness testifying at the inquest. 


45 


I 


Investigation r>Y Inspection, (c) The State Mine Inspector 
shall make a personal investigation as to the nature and cause of all 
fatal accidents within his jurisdiction. He shall make a record of the 
circumstances attending the same, as developed by the coroner’s inquest 
and his own personal investigation, which record shall be preserved in 
the files of his office, and a copy thereof filed with the State Mining 
Board. To enable him to make such investigation he shall have power 
to compel the attendance of witnesses and to administer oaths or affirm¬ 
ations to them, and the cost of such investigations shall be paid by the 
county in which such accident has occurred, in the same manner as the 
costs of coroner’s inquests are paid. 

Sec. 26. Stretchers and Blankets. At every mine, it shall be 
the duty of the operator thereof to keep always on hand, and at some 
readily accessible place, a properly constructed stretcher, a woolen and 
waterproof blanket, and a roll of bandages in good condition and ready 
for immediate use for binding, covering and carrying any one who 
may be injured at the mine. When 100 or more men are employed 
in any mine, two stretchers and two woolen and two waterproof 
blankets, with a corresponding supply of bandages, shall be provided 
and kept on hand. At mines where fire-damp is generated, there shall 
also be provided and kept in store a suitable supply of linseed or olive 
oil, for use in case men are burned by an explosion. 

Sec. 27. Scales, (a) The operator of every coal mine where 
miners are paid by the \veight of their output, shall provide at such mine 
suitable and accurate scales for the weighing of such coal, and a cor¬ 
rect record shall be kept of all coal so weighed, and said record shall 
be open at all reasonable hours to the inspection of miners and others 
interested in the product of said mine. 

Weighman. (b) The person authorized to weigh the coal and 
keep the record as aforesaid shall, before entering upon his duties, make 
and subscribe to an oath before some person duly authorized to admin¬ 
ister oaths, that he will accurately weigh and carefully keep a true rec¬ 
ord of all coal weighed, and such affidavit shall be kept conspicuously 
posted at the place of weighing. 

Check Weighman. (c) The miners at work in anv coal mine 
may employ a check weighman at their option and at their own 
expense, whose duty it shall be to balance the scales and see that the 
coal is properly weighed, and that a correct account of the same is 
kept, and for this purpose he shall have access at all times to the beam 
box of said scales, and be afforded every facility for verifying the 
weights while the weighing is being done. The check weighman so 

46 


N 


I 


employed by the miners, before entering- upon his duties, shall make and 
subscribe to an oath before some person duly authorized to administer 
oaths, that he will faithfully discharge his duties as check weighman, 
and such oath shall be kept conspicuously posted at the place of 
weighing. 

Sec. 28. Boys and Women. No boy under the age of sixteen 
years, and no woman or girl of any age, shall be permitted tO' do any 
manual labor in on about any mine, and before any boy can be per¬ 
mitted to work in any mine he must produce to the Mine ^Manager or 
operator thereof an affidavit from his parent or guardian or next of 
kin, sworn and subscribed to before a justice of the peace or notary 
public, that he, the said boy, is sixteen years of age. 

The parent, guardian or next of kin shall submit in connection with 
said affidavit, a certificate of birth, a baptismal certificate, a passport or 
other official or religious record of the boy’s age or duly attested tran¬ 
script thereof, which certificate or transcript thereof shall, for the pur¬ 
poses of this Act, establish the age of said boy. 

Any person swearing falsely in regard to the age of a boy shall be 
guilty of perjury, and shall be punished as provided in the general stat¬ 
utes of the State pertaining to perjury. 

Sec. 29. Penalties, (a) Any wilful neglect, refusal or failure 
to do the things required to be done by any section, clause or provision 
of this Act, on the part of the person or persons herein required to do 
them, or any violation of any of the provisions or requirements hereof, 
or any attempt to obstruct or interfere with any inspector in the dis¬ 
charge of the duties herein imposed upon him, or any refusal to com¬ 
ply with the instructions of an inspector given by authority of this Act 
shall be deemed a misdemeanor punishable by a fine not exceeding five 
hundred dollars, or by imprisonment in the county jail for a period not 
exceeding six months, or both, at the discretion of the court; Provided, 
that in addition to the above penalties, in case of the failure of any oper¬ 
ator to comply with the provisions of this Act in relation to the sinking 
of escapement shafts and the ventilation of mines, the State’s Attorney 
for the county in which such failure occurs, or any other attorney, in 
case of his neglect to act promptly, shall proceed against such oper¬ 
ator by injunction without bond, to restrain him from continuing to 
operate such mine until all legal requirements shall have been fully 
complied with. * 

(b) Any inspector who shall discover that any section of this Act, 
or part thereof, is being neglected or violated, shall order immediate 
compliance therewith, and, in case of continued failure to comply, shall 


47 


« 




have power to stop the operation of the mine, or remove any offending 
person or persons from the mine until the law is complied with. 

(c) For any injury to person or property, occasioned by any wil¬ 
ful violations of this Act, or wilful failure to comply with any of its 
provisions, a right of action shall accrue to the party injured, for any 
direct damages sustained thereby; and in case of loss of life by reason 
of such wilful violation or wilful failure as aforesaid, a right of action 
shall accrue to the personal representatives of the person so killed 
for the exclusive benefit of the widow and next of kin of such person 
and to any other person or persons who were, before such loss of life, 
dependent for support on the person or persons so killed, for a like 
recovery of damages for the injuries sustained by reason of such loss 
of life or lives not tO' exceed the sum of ten thousand dollars; Pro¬ 
vided, that every such action for damages in case of death shall be 
commenced within one year after the death of such person; And, Pro¬ 
vided further, that the amount recovered by the personal representative 
of the person so killed shall be distributed to the widow and next of 
kin of such person in the proportion provided by law in relation to the 
distribution of personal property left by persons dying intestate. Pro¬ 
vided, that if and whenever there shall be in force in this State, a stat¬ 
ute or statutes providing for compensation to workmen for all injuries 
received in the course of their employment, the provisions thereof shall 
apply in lieu of the right of action for damages provided in this Act. 

Sec. 30. Definition of Terms. Mine, (a) Where used in 
this Act, the words mine ” and “ coal mine ” are intended to simiifv 

o • 

any and all parts of the property of a mining plant, on the surface or 
underground, which contribute, directly or indirectly, under one man¬ 
agement, to the mining or handling of coal. 

Excavation or Workings, (b) The words ‘‘excavations” and 
“ workings ” signify any or all parts of a mine excavated or being 
excavated, including shafts, slopes, tunnels, entries, rooms and work¬ 
ing places, whether abandoned or in use. 

Shaft, (c) The term “shaft” means any vertical opening 
through the strata which is or may be used for jiurposes of ventilation 
or escapement, or for the hoisting or lowering of men and material in 
connection with the mining of coal. 

Slope, (d) The term “slope” means any inclined wav in or to 
a seam of coal to be used for the same purposes as a shaft. 

Drift, (c) The term “drift” means any practically horizontal 
way in or to a seam of coal to be used for the same purpose as a shaft. 


48 


Operator. (/) The term “ operator as applied to the party in 
control of a mine in this Act, signifies the person, firm or body cor¬ 
porate who is the immediate proprietor as owner or lessee of the plant, 
and, as such, responsible for the condition and management thereof. 

^IiNE Manager, (g) The “mine manager” is the person who 
is charged with the general direction of the imdergroimd work. 

Mine Examiner, (i) The “mine examiner” is the person 
charged with the examination of the imdergroimd workings of the 
mine before the miners are permitted to enter it in the morning. 

Sec. 31. That an Act entitled “An Act to revise the laws in rela¬ 
tion to coal mines and subjects relating thereto, and providing for the 
health and safety of persons employed therein, approved April 18, 
1899, and in force July i, 1899,” with amendments to July i, 1910; 
also 

An Act entitled “An Act to prohibit the use of certain oils in coal 
mines and penalties for infraction of same,” approved April 30, 1895, 
in force July i, 1895; also 

An Act entitled “An Act concerning the use of powder in coal 
mines, approved and in force May 14, 1903, as amended by an Act 
approved May 24, 1907, in force July i, 1907”; also 

An Act entitled “An Act to provide for the weighing of coal at the 
mines, and to repeal a certain Act therein named,” approved June 17, 
1887, in force July i, 1887, be and each of said Acts is hereby repealed. 




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A BILL 

FOR 

AN ACT TO PROMOTE THE SAFETY OF PERSONS AND 
PROPERTY IN COAL MINES BY REGULATING THE 
CHARACTER OF BLACK BLASTING POWDER SOLD 
TO BE USED IN COAL MINES. 


Be it enacted by the people of the State of Illinois represented in 
the General Assembly: 

Section i. That black powder for use for blasting in coal mines 
shall conform to the following specifications: 

(a) It shall have a specific gravity of not less than 1.74 nor more 
than 1.90. 

(b) It shall have'a moisture content of not to exceed one per cent 
at the time when shipped by the manufacturer or his agent. 

(c) Said powder shall be sold for use in coal mines only in seven 
sizes of granulation to be determined as follows: 

CCC shall be powder which shall pass through a screen having 
round hole perforations of 40-64 of an inch in diameter and remain 
on a screen having round hole perforations of 32-64 of an inch in 
diameter. 

CC shall be powder which shall pass through a screen having round 
hole perforations of 36-64 of an inch in diameter and remain on a screen 
having round hole perforations of 24-64 of an inch in diameter. 

C shall be powder which shall pass through a screen having round 
hole perforations of 27-64 of an inch in diameter and remain on a 
screen having round hole perforations of 18-64 of an inch in diameter. 

F shall be powder which shall pass through a screen having round 
hole perforations of 20-64 of an inch in diameter and remain on a 
screen having round hole perforations of 12-64 of i^^ch in diameter.. 


51 



FF shall be powder which shall pass through a screen having round 
hole perforations of 14-64 of an inch in diameter and remain on a screen 
having round hole perforations of 7-64 of an inch in diameter. 

FFF shall be powder which shall pass through a screen having 
round hole perforations of 9-64 of an inch in diameter and rem-ain on a 
screen having round hole perforations of 3-64 of ah inch in diameter. 

FFFF shall be powder which shall pass through a screen having 
round hole perforations of 5-64 of an inch in diameter and remain on a 
screen having round hole perforations of 2-64 of an inch in diameter. 

In testing powder for size of granulation as herein required, it shall 
be permissible for a given size to contain not to exceed 7^ per cent by 
weight of grains of the size next larger and 7J72 by weight of grains 
of the size next smaller. 

Sec. 2. All black powder sold for use in coal mines in this State 
shall have plainly stamped on the keg or package in which it is con¬ 
tained the letter showing the size of granulation according to the 
requirements of this Act. 

Sec. 3. Any person, firm or corporation who shall sell for use 
in coal mines in this State any black powder not stamped as herein 
required, or who shall knowingly sell for use in coal mines in this 
State any powder which is untruthfully branded or stamped, and any 
person, firm or corporation being a manufacturer of black powder, or 
the agent of any such manufacturer of black powder who shall sell 
for use in any coal mine in this State, any powder which shall not 
conform to the requirements of this Act in respect to the specific 
gravity and moisture content shall be guilty of a misdemeanor and 


shall be punishable by a fine of not exceeding $.or by imprison¬ 
ment in the country jail for not exceeding.days, or both, 

in the discretion of the Court. 


Sec. 4. (a) State Mine Inspectors and Deputy Mine Inspectors 
shall have authority to sample black blasting powder used for blasting 
]3urposes in coal mines in this State, or kept on hand for sale or intended 
for shipment for use in such mines, and for such purpose they may 
enter upon the premises of any person. 

(b) An inspector when sampling black blasting powder shall 
secure as accurate an average sample as is practicable, and shall test 
the granulation of such sample with the screens provided for in this 
Act. 

(c) If the Inspector shall desire to have said sample tested for 
specific gravity or moisture content, he shall send the same to the State 


52 




Mining Board for that purpose, and when such samples are intended to 
be tested for moisture content, they must be taken at the mill or ware¬ 
house of the manufacturer or manufacturer’s agent, or in the railroad 
car for shipment at said mill or the warehouse; and said samples when 
so taken shall be immediately sealed moisture proof before being sent 
to the State Mining Board. 

When such samples are received by the State Mining Board, they 
shall cause the same to be properly and accurately tested for specific 
gravity and for moisture content. 

(d) If samples of powder when sampled and tested as provided 
in this Act shall be found not to comply with the'provisions herein, the 
person, firm or corporation guilty of violating the provisions of this Act 
shall be prosecuted in accordance with the provisions hereof. 


% 


53 



A BILL 

TO AMEND 

AN ACT ENTITLED “AN ACT IN RELATION TO SINK¬ 
ING, FILLING AND OPERATING OF OIL OR GAS 
WELLS,” APPROVED AND IN FORCE MAY 16, 1905. 


Section i. Be it enacted by the People of the State of Illinois, 

represented in General .Assembly : 

✓ 

That an Act entitled An act in relation to sinking, filling and 
operating of oil or gas well ’’ approved and in force May i6, 1905, be 
and the same is hereby amended to read as follows: 

Sec. 2. No oil or gas well shall be drilled hereafter nearer than 
250 feet to any opening to a mine used as a means of ingress or egress 
for the persons employed therein or which is used as an air shaft. 

Sec. 3. It shall be the duty of any person, firm or corporation 
having the custody or control of any well drilled for gas or oil, and 
of the owner of the land in which such well is drilled, when the drill 
hole penetrates a coal seam, to file in the office of the recorder of the 
count}^ in which said oil or gas well is drilled, and in the office of the 
State Mining Board, within fifteen days after completing said well, a 
statement and map giving the location and depth of every well so 
drilled and the county recorder shall file and enter and index same in 
the records of his office relating to the titles to real property. 

Sec. 4. Before the casing shall be drawn from any well for the 
purpose of abandonment thereof, which has been drilled into any gas 
or oil bearing rock, it shall be the duty of any person, firm or corpora¬ 
tion having the custody or control of such well at the tffiie of such 
abandonment, and also the owner or owners of the land wherein such 
well is situated, to properly and securely stop and plug the same in the 


55 






following manner: Such hole first be solidly filled from the bottom 
thereof to a point at least twenty feet above such gas or oil bearing rock 
with sand, gravel or pulverized rock, immediately on the top of which 
filling shall be seated a dry wood plug not less than two feet in length, 
having a diameter of not less than one-fourth of an inch less than the 
inside diameter of the casing in such well. And above such wooden 
plug such well shall be solidly filled for at least twenty-five feet with 
the above-mentioned filling material, immediately above which shall be 
seated another wood plug of the same kind and size as above provided, 
and such well shall again be solidly filled for at least twenty-five feet 
above such plug with such filling material. After the casing has been 
drawn from such well there shall immediately be seated at the point 
where such casing was seated a cast-iron ball or tampered wood plug 
at least two feet in length, the diameter of which ball or the top of 
which wood plug shall be greater than that of the hole below the point 
where such casing was seated, and above such ball or plug such well 
shall be solidly filled to top of well with the aforesaid material. 

Sec. 5. The person, firm or corporation owning or having control 
or custody of any such well, or the land in which any such well is 
situated, shall file or cause to be filed in the office of the recorder of the 
county in which any such well is located, within fifteen days after the 
same has been plugged, as provided in Section 3, the affidavit of at 
least two persons who were present during the plugging of such well, 
which affidavit shall be recorded in the record books in the office of 
the recorder of such county, and shall set out in detail the manner in 
which such well was plugged and the depth of each such wood plugs 
and iron ball below the surface of the ground, and the record of such 
affidavit shall be prima facie evidence in any court of a compliance with 
the provisions of this Act. 

Sec. 6. It shall be the duty of any person, firm or corporation 
sinking a well in any oil or gas bearing rock, or having sunk such well 
and maintaining the same, to case off and keep cased off all fresh water 
from such well. 

Sec. 7. Any person, firm or corporation violating the provisions of 
Section i or failing to comply with the provisions of Section 2 of this 
Act, or who shall fail or refuse to plug a well in the time and manner 
provided in Section 3 of this Act, or shall fail or neglect to secure and 
file in the* proper recorder’s office the affidavit provided for and 
required in Section 4 of this Act, or shall fail and neglect to properly 
case off fresh water from such well and keep the same cased off while 


56 


said well is maintained, as provided in Section 5 of this Act, shall be 
liable to a penalty of one hundred dollars ($100) for each and every 
violation thereof, and the further sum of one hundred dollars ($100) 
for each ten days during which such violation shall continue, and all 
such penalties shall be recoverable in a civil action brought in any court 
of competent jurisdiction in any county in which said violation occurred, 
brought in the name of the State of Illinois on the relation of such 
county, and for the use and benefit of such county, and in all such 
cases; if there be recovery by the State, it shall recover in addition to 
such penalties a reasonable attorney’s fee. 

Sec. 8. Whereas, an emergency exists for the immediate taking 
effect of this Act; therefore, the same shall be in force and effect from 
and after its passage. 




A BILL 

FOR 

AN ACT TO AMEND SECTIONS 2 , 4 , 5 , 6 AND 7 OF AN 
ACT ENTITLED “AN ACT TO REQUIRE FIRE FIGHT¬ 
ING EQUIPMENT AND OTHER MEANS FOR THE 
PREVENTION AND CONTROLLING OF FIRES AND 
THE PREVENTION OF LOSS OF LIFE FROM FIRES 
IN COAL MINES,” APPROVED MARCH 8, 1910 , IN 
FORCE MARCH 8, 1910 . 


Sec. 2. (a) There shall be provided a supply of water for fighting 
fire underground which shall have a head from a standing body in a 
pipe, tank or pond. 

(b) Such water supply shall be conducted into the mine in an iron 
or steel pipe or pipes not less than two inches in diameter, which shall 
have not less than two hose connections at the bottom of the hoisting 
shaft, and two hose connections at the bottom of the air and escape¬ 
ment shaft designated as such under the law, and two hose connections 
in each stable which is located less than five hundred (500) feet from 
the bottom of either of said shafts; and there shall be iron or steel 
pipes not less than two inches in diameter in the entries and passage¬ 
ways leading from the bottom of each of said shafts to such extent and 
in such position that with one (i) fifty foot length of hose the water 
may be carried into all such entries and passage ways within three hun¬ 
dred (300) feet .from the bottom of each of said shafts and into the 
corresponding area in slope and drift mines, such area to be designated 
in this Act as the fire protected area; 

(c) Provided, that in mines having one hundred and twenty-five 
(125) feet or less head at the bottom of the incoming supply pipe, the 


59 





incoming pipes and the pipes having hose connections shall be not less 
than three (3) inches in diameter. The pipes in the mine shall have 
hose connections not more than fifty (50) feet apart beginning at the 
bottom of the incoming supply pipe or pipes. 

(d) There shall be kept constantly on hand at the bottom of each 
shaft where hose connections are required, in condition for immediate 
use, not less than two (2) fifty (50) foot lengths of one and one-half 
(i^) inch inside diameter linen hose or rubber-lined cotton hose, 
which shall have been tested to a pressure of two hundred (200) 
pounds to the square inch ; all of such hose and the connections therefor 
on the supply pipes shall have American Standard iron pipe threads. 
The nozzles on such hose shall be not less than three-eighths (^) nor 
more than five-eighths (^) inch in diameter. 

(e) Where any part of any passageway or other excavation within 
one hundred and fifty (150) feet of the bottom of the hoisting shaft 
or the air and escapement shaft designated as such under the law and 
in the corresponding area in slope or drift mines, is timbered, with 
cribbing or more than one layer of lagging not including caps or wedges, 
above the cross bars, there shall be two lines of automatic sprinklers on 
the under side of such timbering, attached to not less than one and one- 
half (1%) inch pipes connected with the fire-fighting water supply, and 
such sprinklers shall not be more than ten (10) feet apart. 

(f) In cribbing or lagging as last aforesaid, which is more than 
three (3) feet in vertical thickness, there shall be also, as near the top 
thereof as is practicable, automatic sprinklers connected with the water 
supply as last aforesaid and there shall be one such sprinkler for each 
eight (8) feet square of horizontal area of such cribbing or lagging. 

(g) In every underground stable, located within one thousand 
(1,000) feet of the hoisting shaft or the air and escapement shaft 
designated as such under the law, there shall be not less than one (i) 
automatic water sprinkler for each area eight (8) feet square in said 
stable; such automatic sprinklers shall be connected with iron or steel 
pipes not less than one and one-half (i} 4 ) inches in diameter along 
the roof or ceiling in the stable, which shall be connected with the fire¬ 
fighting water supply. 

(h) All automatic sprinklers shall be of the fusible plug type and 
shall not require a temperature of more than one hundred and sixty- 
five (165) degrees Fahrenheit to release the water. 

(i) In all underground stables other than those heretofore in this 
Act referred to, there shall be kept barrels full of water and two metal 
pails with each barrel. Such barrels shall be not more than fifty (50) 


60 


feet apart, and there shall be not less than two (2) barrels full of 
water and two (2) metal pails with each barrel in each entry or passage¬ 
way into which such stable opens and not more than fifty (50) feet 
from the opening of the stable. 

(j) There shall also be one (i) not less than three (3) gallon 
chemical fire extinguishers and two (2) not less than six (6) gallon 
hand-pump buckets in each stable and in each entry or passageway 
into which such stable opens not more than fifty (50) feet from the 
opening of such stable. Provided, that in mines employing ten (10) 
men or less underground, the chemical fire extinguishers shall not be 
required. Such chemical fire extinguishers and hand-pump buckets 
shall be kept filled and ready for use. 

(k) Provided, hozvever, that in coal mines in which less than ten 
(10) men are employed, in which there are no stables, in lieu of said 
water supply with pipes and hose, there may be substituted the follow¬ 
ing : There shall be kept within the fire-protected area in each such 
mine, barrels full of water not more than fifty (50) feet part, and 
with each barrel there shall be two metal buckets; and there shall also 
be kept within said area not less than six (6) hand-pump buckets of 
not less than six (6) gallons capacity, and said buckets shall be kept 
filled and ready for use. 

( l ) A barrel within the meaning of this Act shall be any substan¬ 
tial vessel holding not less than fifty (50) gallons. 

(m) All mines shall have at least one, not less than three (3) gal¬ 
lon chemical fire extinguisher, and one not less than six (6) gallon 
hand-pump bucket including those hereinbefore in this Act required, 
for each fifty (50) employees in the mine with a minimum of six (6) 
extinguishers and six (6) pump buckets, kept at convenient places 
designated by the mine manager throughout the mine, and such extin¬ 
guishers and buckets shall be kept filled and ready for use. Provided, 
that in mines employing ten (10) men or less underground, the chemical 
fire extinguishers shall not be required. 

Sec. 3. (a) During the cold weather months the water pipes 

shall be kept drained, but the supply must be kept so that by opening a 
valve easily accessible on top, the water will be promptly available at 
all times in the supply pipes underground. 

(b) The water pressure in said pipes to which hose is to be con¬ 
nected shall not be less than twenty-four (24) pounds per square inch, 
nor more than seventy (70) pounds per square inch at a point not less 
than two hundred and fifty (250) feet from the bottom of the shaft 


61 


1 


or the corresponding position in slopes and drifts; and there shall be a 
pressure gauge with dial at said point. 

(c) When the water pressure in the pipes leading into the mine 
is higher than seventy (70) pounds per square inch at the pressure 
gauge, there shall be a valve on the incoming supply pipe to control the 
pressure into the branch pipes in the mine, and there shall be a shut-ofif 
valve on every branch pipe at the connection of such pipe with the pipe 
from which it leads. 

Sec. 4. (a) No underground stable, unless so constructed as to 

be fireproof throughout, shall be nearer than six (6) yards to any regu¬ 
lar traveling way, and every underground stable shall have at each 
opening a fireproof door with a doorframe of concrete, stone or brick 
laid in mortar. 

(b) Every such stable, which contains more than ten (10) stalls, 
shall have a cement or brick partition, with a fireproof door therein, 
for each ten (10) stalls or less; or, in lieu of said partition, the stable 
shall be lined with cement plaster on wire lathing or other fireproof 
material, where inflammable material is exposed. 

(c) All hay, bedding and feed underground, except that in the 
mangers and stalls, shall be kept in a closed cement, brick, stone or 
metal receptacle; and not more than forty-eight (48) hours’ supply of 
hay or bedding shall be kept underground, and not more than one 
week’s supply of grain. 

(d) All hay and bedding taken into the mine shall be baled. Hay, 
bedding and feed shall be taken into the mine only in a closed car or 
box, which shall be kept closed until the materials are removed to the 
receptacles provided therefor. 

(e) No light with an unprotected flame shall be taken into an 
underground stable by any person. 

Sec. 5. (a) There shall be a system of party line telephones 
which shall include one telephone on the surface not more than two 
hundred (200) feet from the tipple, and one at the bottom of the hoist¬ 
ing shaft, or, in slope or drift mines, at the first cross entries in opera¬ 
tion ; and, in addition thereto, there shall be one telephone at each 
inside parting. Telephone lines shall be constructed in a workmanlike 
manner and shall be repaired promptly when necessary. 

(b) On becoming aware of any serious danger requiring the 
inside employees to come out of the mine, it shall be the duty of the 
person having charge of the outside or inside telephone immediately 


62 


to give notice of the danger to the other telephone stations ; and it 
shall be the duty of all persons who receive information thereof to 
cooperate in giving notice thereof to all other persons in the mine. It 
shall be the special duty of all drivers, motormen and trip riders to 
notify all other drivers, motormen, trip riders or miners from whom 
they haul coal, of any danger requiring them to leave the mine. 

(c) Certain employees whose regular work is in or near the fire- 
protected areas shall have graded authority and designated duties in 
case of fire; and rules and instructions therefor shall be included in 
the regular rules of the mine, and such employees shall be instructed 
therein by the mine manager. 

(d) There shall be a fire drill of such employees not less often than 
once in two weeks, and the pipes, connections and hose shall be tested 
at such drills. 

Sec. 6 . The following requirements also shall apply to all coal 
mines developed within the State of Illinois after the passage of this 
Act: 

(a) The hoisting shaft and the air and escapement shaft designated 
as such under the law in shaft mines and the air and escapement shaft 
nearest the main opening in slope or drift mines, shall be of fireproof 
construction, except that cage guides may be wood : Provided, that this 
section shall not apply to shafts in actual course of construction at the 
time this Act takes effect. 

(b) The roof and walls of the passageways leading from the 
bottom of the hoisting shaft and the air and escapement shaft desig¬ 
nated as such under the law, within a distance of three hundred (300) 
feet from the bottom of either of said shafts, shall be of fireproof con¬ 
struction, except that the coal rib or pillar may be used as a wall in 
such passageways. 

(c) All underground stables and the openings therein shall be of 
fireproof construction. 

(d) At mines constructed in conformity with the requirements of 
this section of this Act, the fire-fighting equipment described in Section 
2, and the fire drill described in Section 5 of this Act shall not be 
required, except that there shall be kept at convenient places designated 
by the mine manager, throughout each mine, one not less than three (3) 
gallon chemical fire extinguisher and one not less than six (6) gallon 
hand-pump bucket, for each fifty (50) employees in the mine with a 
minimum of six (6) extinguishers and six (6) pump buckets, and such 
extinguishers and buckets shall be kept filled and ready for use. Pro- 


63 


vidcd, that in mines employing ten (lo) men or less underground, the 
chemical fire extinguishers shall not be required. 

Sec. 7. (a) Any wilful neglect, refusal or failure to obey the 
requirements or provisions of this Act, or wilfullly giving a false dan¬ 
ger signal or tampering with any of the appliances required by the pro¬ 
visions of this Act, shall be deemed a misdemeanor, punishable by a 
fine of not less than fifty dollars ($50) and not to exceed two hundred 
dollars ($200), or by imprisonment in the county jail for a period not 
exceeding three (3) months, or both, in the discretion of the court. 

(b) Upon final conviction of any mine manager or any miner, 
under the provisions of this Act, his certificate of competency shall be 
thereby invalidated; and it shall be the duty of the State Mining Board 
in the case of a mine manager of the miners’ examining board which 
shall have issued such certificate in the case of a minor, to cancel and 
revoke the certificate of competency of the person so convicted; and 
such person shall not be entitled to receive another certificate of com¬ 
petency within three (3) months from the date of such cancellation 
and revocation. 

(c) If any State Mine Inspector, or any Deputy Mine Inspector 
shall find that any provision of this Act is being violated, it shall be 
his duty to file a sworn complaint before any court of competent juris¬ 
diction, stating the facts within his knowledge in such case and asking 
that the person charged with such violation be bound over to the next 
grand jury for said county; and it shall be the duty of the State’s 
Attorney for the county in which such violation occurs to prosecute 
such complaint as provided by law in other State cases. 

Each Deputy Mine Inspector shall report at least once a month to 
the State Mine Inspector for the district in which said Deputy is work¬ 
ing, stating the mines he has examined, the violations of this Act which 
he has discovered and the complaints he has filed under the provisions- 
of this Act. 

(d) If the Deputy Mine Inspector shall fail to file a complaint, 
as herein required, of a violation of this Act which he shall have 
reported to the State Mine Inspector, and in all other cases of violation 
of this Act which shall have come to the knowledge of a State Mine 
Inspector in the discharge of his duties, it shall be the duty of such 
State Mine Inspector to file a sworn complaint before any court of 
competent jurisdiction, stating the facts reported to him by the Deputy 
Mine Inspector, or coming to his knowledge in the discharge of his 
duties, and asking that the person charged with such violation be bound 
over to the next grand jury for said county; and it shall be the duty 


64 


■of the State's Attorney for the county in which such violation occurs 
to prosecute such complaint as provided by law in other State cases. _ 

(e) If any State Mine Inspector or any Deputy Mine Inspector 
shall wilfully fail, neglect or refuse to file a complaint as herein 
required, or shall wilfully disregard the duties required of him by the 
provisions of this Act, a sworn complaint may be filed by any person 
having knowledge of the facts, before any court of competent juris¬ 
diction, charging said Deputy Mine Inspector or said State Mine 
Inspector, as the case may be, with nonfeasance in office and asking 
that such Inspector be bound over to the next grand jury for said 
county, and the State’s Attorney for the county in which such violation 
occurs shall prosecute such complaint as provided by law in other State 
cases. 

Upon final conviction for nonfeasance in office under the provisions 
of this Act, of any State Mine Inspector or any Deputy Mine Inspector, 
his certificate of qualification or of competency, as the case may be 
shall be thereby invalidated and he shall become disqualified from hold¬ 
ing such office, and such person shall not be entitled to receive another 
certificate of qualification or of competency, as the case may be, within 
three (3) months from the date of such final conviction. 

Sec. 8. Whereas, An emergency exists, therefore, this Act shall 
be in force and effect from and after its passage. 


65 



A BILL 

FOR 

AN ACT TO AMEND AN ACT ENTITLED “AN ACT TO 
ESTABLISH THE MINING INVESTIGATION COMMIS¬ 
SION OF THE STATE OF ILLINOIS, AND PRESCRIB¬ 
ING ITS POWERS AND DUTIES AND MAKING AN 
APPROPRIATION THEREEOR,” APPROVED JUNE 10 , 
1909 , IN FORCE JULY 1 , 1909 . 


Section i. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: That Sections 4 and 6 of an 
Act entitled “ An Act to establish the Mining Investigation Commis¬ 
sion of the State of Illinois, and prescribing its powers and duties and 
making an appropriation therefor,” approved June 10, 1909, in force 
July I, 1909, be and the same are hereby amended to read as follows: 

Sec. 4. Said Commission shall report to the Governor and to 
the General Assembly at its next regular session, submitting so 

r 

far as they have unanimously agreed, a proposed revision of coal¬ 
mining laws of the State, together with such other recommenda¬ 
tions as to the Commission shall seem fit and proper, relating to 
coal mining in tlie State of Illinois. 

And where there is not unanimous agreement upon any 
recommendation there shall be submitted in like manner separate 
reports embodying the recommendations of any one or more 
members of the said Commission, which said reports shall each 
set forth in detail the recommendation of the commissioner or 
commissioners signing said report, and shall embody his or their 
respective reasons for such recommendation and his or their 
objections to the reports of other members of the Commission. 


67 



-\ 


V 




\ 


Sec. 6. The sum of Fifteen Thousand Dollars ($15,000) or 
as much thereof as may be necessary, is hereby appropriated for 
the postage, stationery, clerical and expert services, and incidental 
traveling expenses of the Commission, and the per diem of mem¬ 
bers as herein authorized, and the Auditor of Public Accounts is 
hereby authorized to draw his warrant for the foregoing amount 
or any part thereof, in payment of any expenses, charges or dis¬ 
bursements authorized by this Act, on order of this Commission, 
signed by its chairman, attested by its secretary, and approved 
b}^ the Governor. 

The State Board of Contracts is hereby authorized and 
directed to provide all necessary printing for the Mining Investi¬ 
gation Commission, and testimony taken by it shall be reported in 
full and may be published from time to time by the Commission. 

Sec. 2. Whereby an emergency exists, therefore this Act shall be 
in force and effect from and after its passage. 


THE HENRY 0. SHEPARD CO., PRINTERS^ CHICAGO. 



68 








